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2019-11-26 Planning Comm Agenda Packet
CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MEETING AGENDA November 26, 2019 7:00 PM- Mendota Heights City Hall 1101 Victoria Curve Mendota Heights MN 55118 1. Call to Order / Roll Call 2. Adopt Agenda 3. Approval of the September 24, 2019 regular meeting minutes 4. Public Hearings a. Case No. 2019-28: Zoning Code Amendment to City Code Title 12-1G-2, which would allow an increased floor area ratio (FAR) standard not to exceed 1.25 for Personal self- storage facility uses in the I-Industrial District - Draft Ordinance No. 552. (Metro Storage LLC – Applicant) 5. General Planning Items a. Preliminary discussion of new Ordinance regulating the Temporary Keeping of Goats for Prescribed Grazing and Noxious Vegetation Management in the City of Mendota Heights b. Preliminary discussion of a new Ordinance regulating Adult Use Establishments and Sexual Oriented Businesses in the City of Mendota Heights 6. Staff Announcements / Updates 7. Adjourn Meeting Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Hall at 651.452.1850 with requests. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES September 24, 2019 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 24, 2019 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Michael Noonan, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of August 27, 2019 Minutes COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF AUGUST 27, 2019 AYES: 7 NAYS: 0 Hearings A) PLANNING CASE 2019-25 INDEPENDENT SCHOOL DISTRICT #197 (SOMERSET ELEMENTARY SCHOOL) VARIANCE Community Development Director Tim Benetti explained that Independent School District #197 is looking to construct three new additions on the Somerset Elementary School; the gymnasium addition was the only one requiring a Variance due to the height. Notices for this public hearing were mailed to all properties within 750 feet of the school and was published in the Pioneer Press. Staff met with one homeowner to the north of the school site and shared her concerns later in the meeting. She was also in attendance. In 2018 voters approved a $117M building bond for the school district for upkeep and modernizing outdated educational spaces. Somerset Elementary is located in the R-1 District and guided for S- School (Institutional) use. Height limits in this district are restricted to 25 feet. The parcel is located right off of Dodd Road, is 9.3 acres in size, a contains a 33,194 square foot, two-story, school facility with parking for visitors and staff, a bus/delivery service area, and playground with a small ball field. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 10 Part of their plan is to reconfigure the parking lot to improve the school’s bus drop-off and visitor/staff parking lot area. This new plan calls for the parking to be split or separated into two areas. There would be no changes to the access points along Dodd Road. The school also provided a new landscape plan with new landscaping to be provided along the north side for additional screening. The homeowner on the north side has a long driveway is almost up against the property line. All of the plantings would be inside the school property line. Of the three new additions – elevator, classroom, and gymnasium – only the gymnasium required a variance and was under consideration. This new gymnasium addition is 56 feet by 86 feet to be added to the existing school gymnasium/cafeteria space. The addition has a 30-foot height on the front and north sides, and a 41-foot height in the back. The city only measures the height from the front building grade elevation. Mr. Benetti reviewed the criteria to be met when considering a Variance request and explained how this application met those criteria. Mr. Benetti shared the concerns raised by the neighbor to the north by pointing out where her house sits in relation to the gymnasium and her concerns about lights or windows on the backside of the building; however, the images of the new facility show no windows on that side. There is only one light planned over the rear door; upon talking to the architect it was discovered that the light would be LED with a downcast cut-off. There would be no type of unshielded light source in that area. There are no other lights planned for that side of the building. A concern was also raised about students crossing over their lot; so a question was asked of the architect if they would be able to provide a fence. That answer was deferred to the architect. Chair Magnuson, referencing the new parking lot, asked if it would be lit. Mr. Benetti replied in the affirmative and explained that any new lights would be the downcast cut-off type. Ms. Jennifer Tuttle, LSC Architects explained that this project was very similar to the one reviewed by the Commission for Friendly Hills. The height variance request is due to the requirements for the functionality of the space. The building materials are compatible with the existing facilities; and the existing 50-foot buffer or tree line between the neighbor and the school should do quite a bit to buffer the view. As far as the parking separation – bus traffic from the parent traffic, it is a safety issue and is planned at each of the elementary schools throughout the district. Commissioner Mazzitello asked if the landscape plan had been reviewed by the Master Gardeners who work with the public works department on satiation and layout. Ms. Tuttle was not aware of any review taking place. The landscape architect, Mr. Jay Pomeroy, Anderson-Johnson Associates, Inc. replied that he had just met with a master gardener on Henry Sibley and generated this plan. The plans they have incorporated into the Somerset plan and plants that she recommended for other facilities in Mendota Heights. He would have no objections with meeting with the Master Gardeners again. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 10 Commissioner Mazzitello asked if they considered aligning the south curb cut with Emerson Avenue. Mr. Pomeroy replied that they met with city staff and, since MnDOT just improved Dodd Road, it was requested that they not touch that. Also, if they were to install that curb cut, it would shorten the drop off lane. Chair Magnuson noticed in the packet that the existing gymnasium is 27-feet in height and this is proposed to be 30-feet tall. She asked if there was a reason why it needed to be an additional three feet. Ms. Tuttle replied that the existing gymnasium is actually a gymnasium and cafeteria; on the interior it is a sloping roof and does not function like a gymnasium should. This is one of the reason why they need a new gymnasium. The 30-foot height is a standard height to get the clearance they need – minimum parapet. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. Ms. Jean Haskell, 1311 Dodd Road, expressed her appreciation to Mr. Benetti for spending a lot of time with her to address her concerns. She noted that very little information was put out about this. She was assured that the light issue would be dealt with – the lights that are there now glare into her kitchen all night long. They occasionally have a problem with people thinking that their driveway is a shortcut to the school’s parking lot. Now with the retaining wall there they will not be able to do that. She would appreciate it when the school district puts out their maps that they would mark the private properties as ‘private property’. The current map makes it look like their property is part of the school district plan. If the school could do some screening or landscaping on that side they would appreciate it. They cannot put in anything on their side of the lot line because of the power lines. If they could do some shrubbery on their side it would help a lot. Ms. Tuttle returned and explained that Mr. Benetti had shared these comments with them and they had a chance to ensure, when looking at the landscaping plans, that there was a buffer created. They have increased the existing buffer to include the buffer between the driveway and the bus drop as well. In terms of fencing, a fence would really be of no benefit to the school district in that location. To do so would probably impact the amount of landscaping that would be able to be installed as a buffer. Mr. Peter Olson-Skog, Superintendent ISD 197 said that they would be willing to work with the neighbors on the trespassing issue. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 10 AYES: 7 NAYS: 0 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-25 VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The scale and scope of the variance needed to justify and approve the extended height of the proposed gym addition structure are considered consistent with the spirit and intent of the City Code and Comprehensive Plan for the community, and may be approved as presented. 2. The Applicant has proven or demonstrated a practical difficulty or reasonableness in this case for granting of a variance to exceed the 25-ft. maximum height of structures in the underlying R-1 Zone; and it is recognized the new gymnasium height is less than what exists today with the bell tower on the original school house building. 3. The plight of the landowner is due to circumstances unique to the property, as this school use is not a typical single-family use in the underlying R-1 One Family Residential District, and therefore warrants approval or granting of said variance. 4. The variances, if granted, will not alter the essential character of the neighborhoods; since the school is and has been in place and operation for a number of years in the community, and there is a general accepted expectation that this gym addition improvement can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. AND WITH THE FOLLOWING CONDITIONS: 1. The Applicant shall obtain all necessary building permit for the new structure identified herein, including any fences or electrical permits as necessary. 2. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its October 2, 2019 meeting. B) PLANNING CASE 2019-26 MATTHEW MOSVICK, 1135 ORCHARD PLACE CRITICAL AREA PERMIT Community Development Director Tim Benetti explained that Mr. Matthew Mosvick was seeking a Critical Area Permit to construct a new single family home at 1135 Orchard Place. The property is located in the Mississippi River Corridor Critical Area, thus the requirement for a Critical Area Permit. This item was heard under a public hearing and notices were sent to all property owners within 350 feet of the subject property. There were no comments or objections received. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 5 of 10 The parcel is located mid-block between Lexington Avenue and Orchard Circle, just north of Ocean Heights. This lot was created in June 2019 under Resolution 2019-42, approval of a lot split, when Mr. Mosvick separated the lot from his mother’s lot next door. Mr. Mosvick plans to construct a 4,650 square foot dwelling with an attached three-car garage; there would a single access point onto Orchard Place. The dwelling would have a setback of 57- feet, side yard setbacks will be 16.5-feet on each side, and a rear yard setback of approximately 48-feet from the deck edge. Mr. Benetti shared the provisions necessary for a Critical Area Permit and noted that the construction of the new building would have little, if any, affect upon the existing Mississippi Critical Area or the surrounding neighborhood environment. He also noted that this is one of the very few lots that has no bluff line; it is over 1,200 from the Mississippi River; and there are no adjacent water bodies. Commissioner Corbett noted that Condition #4 provides a work hours and asked if it was consistent with the Orchard Heights Development. Mr. Benetti confirmed that this was the same. Chair Magnuson opened the public hearing and asked the applicant to come forward. Mr. Matt Mosvick had nothing to add to Mr. Benetti’s report. Mr. Jay Phillips, 1127 Orchard Place, stated that he may break protocol here a bit because he was unfamiliar with the critical area and how far it extends. He was under the impression that his home was not in the critical area; however, if Mr. Mosvick’s home is then his is probably as well. Chair Magnuson noted that he probably was and asked for confirmation from Mr. Benetti. Mr. Benetti replied that most of the properties along the north edge of Orchard are in the critical area but he was unsure how far towards Lexington Avenue it went. This is a line set by the Department of Natural Resources and the city has no control over it. Commissioner Mazzitello noted that public works has a map and Public Works Director Ryan Ruzek was obtaining that. Upon review of the map, it was discovered that all of the properties on the north edge of Orchard – all of the way to Lexington Avenue – are in the Mississippi Critical Area. Mr. Phillips then listed new constructions in the identified critical area and asked, if they were required to, did they obtain Critical Area Permits. Mr. Benetti replied that the Hunter house was just reviewed a few months ago for a Critical Area Permit. The new house on the east side of the Hunter – the Weisbecker lot – is not in the critical area. The property on Lexington at the end of Marie Avenue – it is unknown at this time if they obtained a Critical Area Permit. Mr. Phillips mentioned other properties and asked why some work is under the critical area requirements and some are not. Chair Magnuson replied that all properties located in the critical area are required to obtain Critical Area Permits if there is construction on the properties. She believed there was an issue whether a boulder wall constitutes construction or not because it is not a structure – if under four feet tall. Residents who live in the Mississippi Area Corridor are advised to check and see if their actions require a permit. Chair Magnuson asked for a motion to close the public hearing. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 6 of 10 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-26, CRITICAL AREA PERMIT, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed single-family dwelling project meets the purpose and intent of the Critical Area Overlay District. 2. The proposed work and disturbance to construct this new single-family dwelling is deemed minimal, reasonable and within the spirit and intent of the Critical Area Overlay District. 3. The proposed single-family dwelling project will be a nice addition to the neighborhood and is in keeping with the character of the area. 4. The construction of this new single-family dwelling will comply with all standards and regulations of the Zoning Ordinance and other applicable ordinances. AND WITH THE FOLLOWING CONDITIONS: 1. A building permit, including all new grading and drainage work, must be approved by the City of Mendota Heights prior to the commencement of any new construction work. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All grading and construction activity will be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. 4. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 5. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its October 2, 2019 meeting. C) PLANNING CASE 2019-27 CITY OF MENDOTA HEIGHTS / METRO STORAGE, LLC ZONING CODE AMENDMENT Community Development Director Tim Benetti explained this request was filed on behalf of Metro Storage, LLC with cooperation with the City of Mendota Heights looking at amending the city’s current floor area ratio (FAR) standard for uses in the I-Industrial District. This item was presented under a fully noticed public hearing; not comments or objections were provided. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 7 of 10 On August 27 of this year, the Planning Commission heard a request from Metro Storage, LLC for a Conditional Use Permit to allow a new three-story, 117,810 square foot interior only self- storage facility. Self-storage uses were recently added under Ordinance 538 approved in May 2019. Metro Storage, LLC also requested a Variance to the FAR standard, which is currently 0.5 and they wanted to go up to 1.23. The motion failed on a 3-3-1 vote, resulting in no decision or recommendation. A follow-up motion was made to table the decision and staff was directed to prepare and present a separate code amendment to the industrial zoning code to alter the FAR standard. The FAR is a numerical value obtained by dividing the floor area of a building or buildings by the lot area on which the building is, or to be, located. The 0.5 FAR standard imposes challenging restrictions on the planned or desired overall size of a proposed building space, especially when referring to the construction of a multiple storied building. Staff provided a Comparison Table of Metro Cities FAR/Lot Coverage/Building Height Standards, showing that a majority of the cities in the area do not have an FAR in their industrial districts. However, Bloomington, Minneapolis, and St. Paul do have FARs. These range from 2.0 – 5.0, which is a lot more than Mendota Heights currently has. Others have ranges from 0.5 to 1.5. Mendota Heights is consistent with building coverage, lot cover, green space, and building height requirements. Upon reviewing the FAR of buildings currently in the city’s industrial district, all of the buildings meet or are below the 0.5 ratio; with the exception of one that is at a 0.92 ratio. There is one other that is at 0.51. Staff requested that the Commission either remove the current FAR or amend the ordinance with a new higher ratio standard of 1.5 or 2.0. Commissioner Petschel asked if there was a case that justifies the existence of the FAR that is not taken care of by the height; maybe something like 5-foot ceilings. Commissioner Noonan noted that he reviewed the discussion in the minutes of the last meeting and wondered at what point the FAR, in many suburban locations, was deemed somewhat antiquated. And was it antiquated because the FAR, in its current location, was there to control the massing. Whereas, combining the building coverage, the setbacks, the height limitations, the parking regulations, increases the limitations and therefore says a lot about eliminating the FAR all together. Chair Magnuson noted that any city, with the exception of South St. Paul, that had an FAR did not have a maximum building coverage. The cities that did not have FARs tended to have a maximum building coverage or maximum lot coverage. It seemed to her that the trend is to have one or the other, but not both. The only question she would have then would be was if there was any need or interest in addressing green space, in addition to maximum building coverage. Mr. Benetti replied that in the industrial district there is increased setbacks for the business and industrial districts for their parking. There are more than what is seen in a typical residential or business center. There September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 8 of 10 are larger setbacks for parking and for buildings – the purpose of which is to allow or provide for the increased green space. Commissioner Corbett asked what the intent of a minimum FAR was – just to drive efficient use. Mr. Benetti replied that was probably the correct intent. It is to limit the scale of a development. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-27, ORDINANCE NO. 544, “AN ORDINANCE AMENDING TITLE 12, ARTICLE G, I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO STANDARDS” where the subpart section F. Floor Area Ratio: Floor area ratio shall not exceed 0.5, under Sect. 12-1G-7 is removed AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its October 2, 2019 meeting. D) PLANNING CASE 2019-20 METRO STORAGE, LLC, 1178 NORTHLAND DRIVE CONDITIONAL USE PERMIT AND VARIANCE Community Development Director Tim Benetti reminded the Commission that this item was tabled at the last Planning Commission Meeting in order to allow staff and the Applicant time to prepare and present a new Zoning Code Amendment to remove the floor area ratio (FAR) requirements. That zoning amendment was just recommended for approval by the Commission in the previous public hearing. Since that amendment has been recommended for approval, the request for the Variance can be disregarded. Mr. Benetti reviewed the information for the Conditional Use Permit that was shared at the August 27, 2019 Planning Commission Meeting for this three-story, interior only, self-storage facility. The building would be just under 118,000 square feet total, has nice features, the site fits well, parking would be along the front and side, one entry in / out, all of the setbacks are met, all parking September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 9 of 10 lot setbacks are met, no need for a Variance, all new lighting will be downcast cut-off, retention pond adding to the open space, and landscaping. Chair Magnuson asked, since an applicant has been filed for a Variance, would it be more appropriate to see if the applicant would like to withdraw the application. The Commission could take action on it or could laterally determine that the issue is moot at this point because of the ordinance proposal going to the City Council. She would feel more comfortable if the applicant were to simply withdraw the Variance request. Commissioner Mazzitello noted that the ordinance amendment has not been adopted by the City Council yet. It is possible that they would not adopt it, in which case the Variance would still be needed. Commissioner Noonan suggested, rather than having the applicant withdraw the Variance request, that the Commission would table the application until the Council takes action. Chair Magnuson clarified that he suggested that the Commission take action on the CUP, table any action on the Variance, and wait to see what the City Council does on the proposed amendment. If the Council were to approve the proposed amendment, then the applicant could circle back with staff to withdraw the request for Variance. Commissioner Petschel asked if there would be any rationale to adding a condition to the CUP basically making it subject to the adoption of the proposed ordinance amendment. Commissioner Mazzitello replied that the proposed ordinance does not affect the CUP. Commissioner Mazzitello asked, if the City Council were to not adopt the proposed amendment, does the applicant have to wait another month to come back to the Planning Commission for them to act on the application for Variance. Mr. Benetti replied that the Variance should be tabled pending the action of the City Council. If the proposed amendment is denied, then the applicant would have to come back to the Planning Commission if they decided to go ahead with the FAR above 0.5. The CUP would have to come back as well. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT, PLANNING CASE 2019- 20 FOR METRO STORAGE LLC AT 1178 NORTHLAND DRIVE SUBJECT TO ALTERNATIVE #1 IN THE SUPPLEMENTAL STAFF MEMO ON PAGE 2 AND 3 Mr. Benetti noted a correction on page 3 – striking of Condition #12. Commissioner Mazzitello accepted the correction as part of his motion. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its October 2, 2019 meeting. September 24, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 10 of 10 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER KATZ, TO TABLE THE VARIANCE REQUEST FOR METRO STORAGE, LLC UNTIL AFTER CONSIDERATION BY THE CITY COUNCIL OF PLANNING CASE 2019-27 ORDINANCE NO. 544, “AN ORDINANCE AMENDING TITLE 12, ARTICLE G, I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO STANDARDS” where the subpart section F. Floor Area Ratio: Floor area ratio shall not exceed 0.5, under Sect. 12-1G-7 is removed ON OCTOBER 2, 2019; AND THE APPLICANT BE DIRECTED TO WITHDRAW THE REQUEST FOR VARIANCE SHOULD THE PROPOSED AMENDMENT BE ADOPTED BY THE CITY COUNCIL AYES: 7 NAYS: 0 Staff Announcements / Updates • Reminder: the October 22, 2019 Planning Commission Meeting will start at 8:00 P.M. due to Simchat Torah holiday Community Development Director Tim Benetti gave the following verbal review: Planning Case 2019-23; Garland’s Inc. / JBT LLC, 2240 Enterprise Drive; Conditional Use Permit for Outdoor Sale Lot; Approved by the City Council as recommended by the Planning Commission Planning Case 2019-17; Edward Sweeney, 777 Wentworth Avenue; Preliminary Plat; Approved by the City Council as recommended by the Planning Commission The first permit for the Orchard Heights Development came in last week; the first of the potential 18 new houses. The vacant lot along Dodd, in The Village, were put out for RFP and a developer has been chosen – Grand Real Estate Advisors. They are doing some pre-testing or site soil testing. They are looking at doing a new 42-unit building for residents 55 years of age and over; with a 4,500 square foot restaurant and a 2,000 square foot ‘co-working’ space. Their applications will probably come to the city sometime in November or December 2019. They will be coming to the Commission for a PUD amendment because the original PUD called for a 19 townhomes or home offices. The work being done in the area currently is for a trail construction. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO ADJOURN THE MEETING AT 8:04 P.M. AYES: 7 NAYS: 0 Planning Staff Report MEETING DATE: November 26, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-28 ZONING CODE AMENDMENT Floor Area Ratio (FAR) Standard for Personal Self-Storage Facilities in the Industrial District (Draft Ordinance No. 552) APPLICANT: Metro Storage LLC ACTION DEADLINE: 01/13/2020 INTRODUCTION Metro Storage, LLC, is requesting consideration of amending part of City Zoning Code Section 12-1G-2: Conditional Uses by adding a new standard under “Personal self-storage facility” uses, specifically: H. The floor area ratio for any facility shall not exceed 1.25. BACKGROUND At the January 22nd and February 26th, 2019 meetings, the Planning Commission was presented with an application from Metro Storage, LLC seeking a zoning ordinance amendment to remove “self-storage” from a list of prohibited uses in the Industrial zone; along with a related amendment to allow such use with certain standards. Although the Planning Commission recommended (6-1 vote) to deny the proposed amendment, the City Council elected to adopt Ordinance No. 538 (dated 05/21/19), which removed “Personal Self-Storage Facility” from a list of prohibited uses in the I-Industrial District, and provided for said uses to be allowed by means of a CUP, with certain standards in the Industrial District. These standards are noted as follows: A. Any and all storage shall be inside the building. Exterior storage of personal vehicles, recreational vehicles, trailers, and equipment is strictly prohibited. B. The storage facility shall have a security system adequate to limit access to persons renting at the facility. C. Facility shall not be located closer than one-quarter (1/4) mile from any residential use and/or Residential Zone. D. All drive aisles and parking surfaces must be curb and guttered, with asphalt or concrete. Planning Case 2019-28( Zoning Code Amendment –FAR I-Zone) Page 2 of 5 E. The use shall have no more than three (3) overhead doors or bays to be used for entering/exiting the facility. F. Access to any fenced-in exterior area shall be available to emergency responders in a manner acceptable to the Fire Marshal. G. Common parking space available to all visitors shall be provided at a rate no less than one space per six thousand (6,000) square feet of storage area. On August 27, 2019, Metro Storage, LLC presented Planning App No. 2019-20 requesting approval of a CUP and Variance to allow a new three-story, 117,810-sf., personal self-storage facility, along with a Variance to exceed the maximum floor area ratio (FAR) standard of 0.5 with a proposed 1.24 FAR. Floor Area Ratio (FAR) is defined (or determined) as: the numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building or buildings are located. After discussion, a motion was made to deny the Variance alone, whereupon said motion failed on a 3-3-1 vote, resulting in a no-decision or recommendation. A follow-up motion was made to table Planning Case No. 2019-20 until the next regular meeting; and the PC instructed city staff to investigate other communities’ ordinances; present new [related] information on the subject; and prepare/present a separate code amendment to the industrial zoning code to alter the floor area ratio standard, if necessary. The general consensus was if the city accepted an amendment to the Industrial District’s FAR standard, the requested variance by Metro Storage would no longer be needed. At the follow-up September 24, 2019 meeting, city staff presented a separate planning report regarding this FAR standard to the Commission, which concluded with a unanimous recommendation (7-0 vote) to strike- out the FAR standard from the I-Industrial District ordinance. After consideration of this FAR Amendment, the Commission re-opened the discussion on Planning Case No. 2019-20, and after a brief update and discussion, determined the personal self-storage facility now meets all the conditional use standards required for such uses in the I-District (subject to an approved FAR amendment), along with other related site and structure standards in the Industrial District. Since the variance application on the proposed 1.24 FAR was still undetermined, the Planning Commission elected to table the variance in this case, with the understanding that should the Council accept the new zoning ordinance amendment (remove the FAR standard), then the self-storage use can be approved with the CUP alone, and the Applicant could officially withdraw their variance application. Conversely, if the City Council chose to keep the current 0.5 FAR standard, or modify to a value that still necessitates a variance, then the Council would need to table the CUP application; direct staff to present the Variance application (or both application items) back to the Planning Commission, whereby an official recommendation on the Variance would be required. On October 2, 2019 the City Council was presented with the unanimous recommendation from the Planning Commission, and asked to consider adopting Ordinance No. 545, which would remove the 0.5 FAR standard in the I-Industrial District. After discussion with staff and public comments, a motion was made to table this ordinance, along with the proposed CUP application for the storage use, in order to discuss this matter at a future council workshop. On Monday, October 28th, the Council convened a workshop, whereby council discussed with city staff and the applicant this FAR item; and upon concluding the discussion, the consensus (majority) of the councilmembers present at the workshop was the Industrial District’s FAR standard should remain intact. Planning Case 2019-28( Zoning Code Amendment –FAR I-Zone) Page 3 of 5 At the November 6, 2019 meeting, the Council initially made a motion to approve the proposed Ord. No. 545, which failed on a 2-3 vote; and a subsequent motion to deny said ordinance was made, which was approved by 3-2 vote. (Excerpt minutes from these meeting s are attached). DISCUSSION As was noted in the August 27th and September 24th planning report, Metro Storage is seeking to construct a new 117,810 sq. ft., three-story (45-ft. high) personal self-storage facility. The subject site is 2.2 acres in size. Although the new building has a 39,270-sf. area footprint and 40.9% building to lot coverage calculation, the multiple stories added together increases the proposed FAR of 1.24, which is well-over the 0.5 standard. Since this amendment to eliminate the 0.5 FAR from the I-Industrial District was rejected, and because the original CUP and Variance applications under Case No. 2019-20 were tabled (and remain fully unresolved) the Commission is now being asked to consider a new amendment to “Personal self-storage facility” uses. For this particular application, the Planning Commission is asked to consider [adding] the following new standard: H. The floor area ratio for any facility shall not exceed 1.25. This new standard only applies to this and any other or future self-storage use in the Industrial Zone; and does not affect the current 0.5 FAR standard for all other uses in said district. In the January 22, 2019 planning report regarding Metro Storage’s request to allow self-storage uses in the city, staff provided a table with a list of cities that allow similar uses: CITY PERMITTED or CONDITIONAL USE Eagan Permitted West St. Paul Permitted South St. Paul Permitted / CUP Inver Grove Heights CUP Burnsville Permitted Blaine CUP Brooklyn Center Special Use Permit Brooklyn Park CUP Cottage Grove CUP St. Louis Park Permitted / CUP Apple Valley Permitted Woodbury CUP Of these cities, none of them provided specific or added standards applicable to self-storage uses, except for Cottage Grove; and none of these cities specified an allowable or maximum FAR standard in their ordinances as well. The City of Mendota Heights built its own ordinance standards for personal self-storage uses (as a conditional use) in the Industrial District essentially from the Cottage Grove ordinance, which did not include any FAR standard or added building allowances. In the September 24th Planning Report to the Planning Commission, it was noted the cities of Bloomington, Minneapolis, and St. Paul allow for higher FAR standards (2.0, 2.7 and up to 5.0 respectively) for industrial uses in those cities; Minnetonka and St. Louis Park offered a mid-range or similar FAR standard from 0.5 to 1.5; and Brooklyn Park offers FAR up to 1.1, with allowance to exceed this amount (no limit) by means of a conditional use permit. (The comparison table that was presented with that report is again included with this follow-up report for the commissions’ consideration.) Planning Case 2019-28( Zoning Code Amendment –FAR I-Zone) Page 4 of 5 Staff also did a small sampling of current self-storage uses throughout the metro, and determined some storage uses ranged with an estimated FAR from 0.55, 0.81, 1.06, 1.3 and up to 2.02 in some places. (Images and information on these sites are appended to this report). The City of Mendota Heights currently provides a FAR value of 0.5 for uses in the B-1 Limited Business, B-2 Neighborhood Business and B-3 General Business districts; while the B-4 Shopping Center allows a higher FAR of up to 1.0 in said zone. The Industrial District also allows for “hotel or motel in the retail sales and service complex” to be built up to 4 stories, 50-ft. in height, and with an added FAR up to 0.6 for such uses; and these uses also require approval of a conditional use permit. When Ordinance No. 538 was adopted, it established specific development standards for personal self- storage uses, which included a reduced parking space standard of 1 space per 6,000-sf. of storage area space. This self-storage use parking standard, along with the current 45-ft. building height standard, essentially created an opportunity for the Developer to significantly reduce the open hard surface (parking) areas needed on this site, thus allowing the developer to design or request a larger, multi-storied building tailored for this type of use on the vacant industrial site, which is the case being made under Planning Application No. 2019-20. Since the Planning Commission was amendable to the elimination of the overall 0.5 FAR standard under the Industrial District’s standards, you may once again give favorable consideration to this amendment request of allowing a higher FAR standard up to 1.25 for this use (and any other future storage use) in the Industrial District. The Commission should know and recognize that any other future storage use considered for the city will undergo full review under a conditional use permit application process, which includes a complete site plan, elevation plans, storm water plan, landscape plan, etc. The CUP process provides an opportunity to fully review and approve such uses with the adopted standards noted in the Section 12-1G-2, and also gives the city some added “flexibility” and possible allowances for other reasonable conditions as deemed necessary. A reminder, this amendment does not change or impact the current 0.5 FAR standard for other industrial uses in the district. This amendment only applies to personal self-storage uses in said district. There should be no negative impacts to the overall development and enjoyment of the city’s Industrial Park, or surrounding uses and areas by approving this amendment. ALTERNATIVES for ACTION Following the public hearing and discussion, the Planning Commission may consider one of following actions: 1. Recommend approval of DRAFT Ordinance 552, as presented or as amended by the Planning Commission; or 2. Recommend denial of DRAFT Ordinance 552; or 3. Table the amendment request, pending additional information and/or instructions from the Planning Commission. Planning Case 2019-28( Zoning Code Amendment –FAR I-Zone) Page 5 of 5 STAFF RECOMMENDATION Open the public hearing; and allow for public comments. Upon closing the hearing, Staff recommends the Planning Commission discuss the proposed code amendment as presented. If said amendment is found to be acceptable, action can be taken at this meeting. Staff would recommend to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. Since the Planning Commission was amendable to removing the FAR standard under the I-Industrial District standards previously, this new standard [amendment] essentially provides for the same allowance, only it will be specifically tied to this use. It is therefore city staff’s recommendation the Planning Commission consider recommending approval to the City Council the Zoning Code Amendments as presented under Draft Ordinance No. 552. Please note that should the Commission decide to recommend approval of this amendment, then the separate application regarding Planning Case No. 2019-20, the CUP for the personal self-storage facility, may proceed without the need of a variance. However, if the commission elects to reject or recommend denial of this ordinance amendment, then the Planning Commission will need to provide a recommendation on the variance at a future meeting. (Note: Applicant has provided an official written extension to the statutory review period to February 5, 2020). The Commission may choose to declare findings for supporting a favorable recommendation versus findings supporting a recommendation of denial. Attachments 1) Draft Ordinance No. 552 2) Comparison Table of Metro Cities FAR / Lot/Bldg. Coverage 3) 10/02/19 Council Meeting Minutes 4) 10/28/19 Council Workshop Meeting Minutes 5) 11/06/19 Council Meeting Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 552 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE G. BY ADDING A NEW FLOOR AREA RATIO STANDARD FOR PERSONAL SELF-STORAGE FACILITY USES IN THE INDUSTRIAL DISTRICT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: (Strikeout text indicates matter to be deleted, while underlined text indicates new matter) Section 1. Title 12-1G-2: Conditional Uses is hereby amended as follows: Personal self-storage facility, provided that: A. Any and all storage shall be inside the building. Exterior storage of personal vehicles, recreational vehicles, trailers, and equipment is strictly prohibited. B. The storage facility shall have a security system adequate to limit access to persons renting at the facility. C. Facility shall not be located closer than one-quarter (1/4) mile from any residential use and/or residential zone. D. All drive aisles and parking surfaces must be curb and guttered, with asphalt or concrete. E. The use shall have no more than three (3) overhead doors or bays to be used for entering/exiting the facility. F. Access to any fenced-in exterior area shall be available to emergency responders in a manner acceptable to the fire marshal. G. Common parking space available to all visitors shall be provided at a rate no less than one space per six thousand (6,000) square feet of storage area. H. The floor area ratio for any facility shall not exceed 1.25. Mendota Heights Ordinance No. 552 Section 2. This ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an ordinance this 3rd day of December, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 COMPARISON TABLE of METRO CITIES FAR / LOT COVERAGE / BLDG. HEIGHT STANDARDS CITY FAR MAX. BLDG. COVER MAX. LOT COVER GREEN SPACE BUILDING HEIGHT MENDOTA HTS 0.5 50% 25% 45’ Albertville N/A 85% 45’ Apple Valley N/A 30-40% 40’ Blaine N/A 50’ Bloomington 1.0 to 2.0 Brooklyn Park 1.1 (or CUP to exceed 1.1) 75% 20% N/A Burnsville N/A 50% N/A (45’+ by CUP) Cottage Grove N/A 35-50% 35’ - 60’ Eagan N/A 35% 25% 40’ Eden Prairie 0.3 (1 story) to 0.5 (multi-story) 40’ Farmington N/A 35% 45’ Inver Grove Hts. N/A 30 – 40% 60’ Lakeville N/A N/A 45’ or 4 stories Minneapolis 2.7 65’ or 4 stories Minnetonka 1.0 – 1.5 85 35’ Rosemount N/A 70 – 75% 75’ St. Louis Park 0.5 – 1.0 75-ft. or 6 stories St. Paul 2.0 – 5.0 50’-75’ South St. Paul 0.2 (minimum) 40% 15% 50’ Woodbury N/A 70% 50’ West St. Paul N/A 50% 45’ Vadnais Heights N/A 90% 45’ More Space Storage - West St. Paul Property Information November 20, 2019 0 50 10025 ft 0 10 205 m 1:6 00 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Henn e p in Co u nty Prop erty Map Lock-U p - Bloo mingotn, MN Da te : 11 /20/2019 Com ments: 1 inc h = 1 00 feet PAR C EL ID: 03 02724240076 OWN ER N AME: 2 21 Ame ric an Blvd Bloom Llc PAR C EL AD DR ESS: 2 21 American Blvd W , Blo omin gton MN 55420 PAR C EL AR EA: 1.9 1 ac re s , 83,003 sq ft A-T-B: Torrens SAL E PR ICE: SAL E D ATA: SAL E C ODE: ASSESSED 2 018 , PAYABLE 2019 PR OPERT Y TYPE: Ind us t rial-Preferred H OM ESTEAD : N on-Homest ead M AR KET VAL UE: $6,861,000 TAX TO TAL: $2 39,944.00 ASSESSED 2 019 , PAYABLE 2020 PRO PER TY TYPE: Ind us trial-preferred HO MESTEAD: No n-homes tead MARKET VALU E: $8,233,000 This dat a (i) is fur nished 'AS IS' wit h no represent at ion as t o com plet enes s or acc ura cy ; (ii) is furnis hed with no war rant y of an y k ind; an d (i ii) is not s uit able for lega l, engi neering or s urv ey ing purpos es . Hen nepin C ounty s hall not be liable f or any damage, in jury o r los s r esu lt ing f rom t his data. CO PYRIG HT © HENNEPIN CO UN TY 20 19 Henn e p in Co u nty Prop erty Map Ex tra Sp ac e - P ly mouth Da te : 11 /20/2019 Com ments: 1 inc h = 1 00 feet PAR C EL ID: 22 11822320016 OWN ER N AME: Extra Spa ce Props Two Llc PAR C EL AD DR ESS: 2 960 Emp ire L a N, Ply mout h MN 55447 PAR C EL AR EA: 1.7 5 ac re s , 76,430 sq ft A-T-B: Torrens SAL E PR ICE: $17,750,000 SAL E D ATA: 10/2016 SAL E C OD E: Exclu de d From Ratio Studies ASSESSED 2 018 , PAYABLE 2019 PR OPERT Y TYPE: Ind us t rial-Preferred H OM ESTEAD : N on-Homest ead M AR KET VAL UE: $5,900,000 TAX TO TAL: $2 01,382.04 ASSESSED 2 019 , PAYABLE 2020 PRO PER TY TYPE: Ind us trial-preferred HO MESTEAD: No n-homes tead MARKET VALU E: $7,500,000 This dat a (i) is fur nished 'AS IS' wit h no represent at ion as t o com plet enes s or acc ura cy ; (ii) is furnis hed with no war rant y of an y k ind; an d (i ii) is not s uit able for lega l, engi neering or s urv ey ing purpos es . Hen nepin C ounty s hall not be liable f or any damage, in jury o r los s r esu lt ing f rom t his data. CO PYRIG HT © HENNEPIN CO UN TY 20 19 Hennepin County Property Map Extra Space - New Hope Date: 11/20/2019 Comments: 1 inch = 100 feet PARCEL ID: 2011821340026 OWNER NAME: Crosstown Properties Llc PARCEL ADDRESS: 2711 Nevada Ave N, New Hope MN 55427 PARCEL AREA: 4.81 acres, 209,353 sq ft A-T-B: Torrens SALE PRICE: $2,800,000 SALE DATA: 03/2017 SALE CODE: Warranty Deed ASSESSED 2018, PAYABLE 2019 PROPERTY TYPE: Industrial-Preferred HOMESTEAD: Non-Homestead MARKET VALUE: $5,252,000 TAX TOTAL: $211,261.82 ASSESSED 2019, PAYABLE 2020 PROPERTY TYPE: Industrial-preferred HOMESTEAD: Non-homestead MARKET VALUE: $6,300,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2019 Planning Commission Memo MEETING DATE: November 26, 2019 TO: Planning Commission Chair Magnuson and Planning Commissioners FROM: Tim Benetti, Community Development Director SUBJECT: Preliminary Discussion of New Ordinance Regulating the Temporary Keeping of Goats for Grazing of Invasive/Noxious Vegetation on Properties Introduction The Planning Commission is being asked to discuss, provide any thoughts, and direction to city staff on creating a new ordinance to City Code regulating the temporary keeping of goats for prescribed grazing and invasive/noxious vegetation management on properties in Mendota Heights. Background At the June 18, 2019 regular council meeting, a resident spoke before the council during Public Comments, requesting the city give consideration to allowing goats (for rent) to control invasive plantings in and around his property, particularly buckthorn vegetation. On October 28, 2019, the City Council conducted a Workshop Meeting, whereby staff introduced the subject and presented preliminary information and examples of other city ordinances regulating goats in various metro communities. The Council provided a few comments or suggestions, such as requiring written permission from the neighbors, perimeter fencing height, and setback restrictions from bodies of water. The Council instructed city staff to begin preparing an ordinance regulating such animals, and present the findings and proposed ordinance to the Planning Commission for further study and recommendations. There are a number of metro-wide communities that now permit or allow the keeping of goats (either temporary or permanent) inside city limits, with specific (limited) permits for goats to occupy and graze personal properties. The goats are mostly allowed under a temporary permit on sites, usually up to 30-days in most cases, which serve as a natural mean of providing invasive vegetation management and control, without the need for chemicals, herbicides, or extra human/manual labor such as cutting, clearing and removal of brush materials. Recommended Action There is no official action to be taken under this item. Attached to this memo are a few of these local city ordinances and permit applications that provide such goat grazing activity in their communities. Staff requests the planning commission review this information; discuss with staff; and provide general direction on how to proceed in the preparation of a possible ordinance amendment to City Code. GOATS EAT CONTACT US info@munchbunchgoats.com munchbunchgoats.com 651-964-2620 Non-native Buckthorn Exotic Honeysuckles Garlic Mustard Japanese Knotweed Grapevines Poison Ivy Prickly Ash Autumn Olive Leafy Spurge Canada Thistle (almost anything) WE EAT YOUR PROBLEMS. This bunch works 24 hours a day, 7 days a week until the job is done. Although we joke that they take a union-mandated nap in the afternoon, these goats can clear an entire acre of land in just 7 days. No matter what size area needs remediation, we typically work in half acre to acre sections, applying the best practices of mob grazing and providing the least ground disturbance. Steep hills and uneven terrain make other options costly. Goats are the perfect solution to these areas. By defoliating plants, goats systematically weaken the roots. Goat grazing provides the most natural land management option. Every site is different. Contact us to develop your goat grazing plan and get on our schedule. SPECIALISTS These goats are brush control specialists. They tackle woody plant species and prickly things with ease. Reaching up to 6 feet, they can reach even more mature buckthorn. Their primary purpose is doing this job, and they are not raised for other purposes. UNTIL GONE. WHO USES GOATS It's not just large cities who enlist the help of goats. They are used by homeowners, small businesses, public land managers, and a variety of environmental organizations. We have worked on sites as small as a quarter acre and on more than 40 acres. EQUIPMENT Industry standard electric net fencing is used both to keep goats in and predators out. The fence is electrified 3-5 kV using solar power. The intermittent zap lasts only 3/10,000th of a second! For this reason it can be used in public areas. MEMBERS OF THE NORTH AMERICAN RANGE GOAT AND SHEEP ALLIANCE HISTORIC PILOT KNOB 810 Bt9 RNers vegWnal Icall 520BV bAd580 Legend Gravel Trail Proposed Tray Contours n o') Seven Counctl Fires Overbok fk Entrance OParking Overlook Interpretive Sign Off -Leash Dog Area Seven Council Fires Overlook Seven b/ocis Wlimevmrm represent ORO Sakowiq the seven DakorarLak.WNaJo ra groups whose members cnrrendy reside hem Minnesota to Montana, Nebraska to Garuda. The 2 -ran bAi wem guanied in the Minnesota River valley near Mankato. You am invited to sit hem. P° F3 -,j i 930 Quo ' o C, 13 0 loo 200 300 Feet M City of Mendota Heights Natural 900 . J 0 9r i 0 A Place to Learn About Prairie and Oak Savanna Restoration7 Two hundred years ago, Oheyawahe/Pilot Knob was covered by prairie and oak savanna. Native grasses dominate in a prairie, with native wildflowers blooming from April to November. Oak savanna is similar to prairie, but also contains scattered bur oaks and oak groves. Mendota Heights contracts with Great River Greening to restore Historic Pilot Knob to prairie and oak savanna and to manage the trails for public use. Special challenges for restoration of this site are its steep slope, invasive species, remnants of prior development, and the need to use methods that are culturally sensitive. Restoration efforts include sowing prairie grass seed, planting pollinator shrubs and wildflowers, planting oak saplings and acorns, controlled burns, mowing and pullinginvasiveweeds, spot use of herbicides, cutting and removing brush, and conservation haying and grazing by goats and sheep. H dace to Read the Landscape Look across the river valley to Fort Snelling. This broad valley was carved by glacial meltwater about 12,000 years ago. Between 12,000 and 10,000 years ago, the valley was cut deeper by large volumes of water carried by Glacial River Warren, which was an outlet for Glacial Lake Agassiz in northwestern Minnesota. The flood plain you see today is the result of the Mississippi River and the Minnesota River, which is the remnant of Glacial River Warren, depositing sediment over the last10,000 years. Imagine 12,000 years ago, when Glacial River Warren merged with the Mississippi River just below Pilot Knob, at present-day Pike Island. As water rushed through the river valley, a massive waterfall formed downstream just south of downtown St. Paul. The waterfall gradually retreated upstream. About 10,000 years ago, the waterfall split in two at Pike Island. One channel moved up the Minnesota River until it was extinguished near Savage. The other channel moved up the Mississippi River, then split again to form Minnehaha Falls and St. Anthony Falls inMinneapolis. People have dramatically altered the landscape seen in Seth Eastman's 1847 painting (see brochure cover). As settlers poured into the area in the mid -1800s, Pilot Knob was developed for dairy and truck farms. Look for clues that remain from former farmsteads, such as building foundations and trees in wind rows. Oheyawahe/Pilot Knob has been used as burial ground by people for centuries. Settlers continued this custom by establishing cemeteries on the hill — St. Peter's in 1840 (before the northern part of the hill was bisected by highways) and Acacia Park Cemetery in 1925. At that time a portion of the knob -like top of the hill, once used by steamboat pilots for navigation purposes and the feature that gave the hill its English name, was removed during landscaping at Acacia Park Cemetery. A Place to Watch Migratory Birds Located on the bluffs above the confluence of the Mississippi and Minnesota Rivers, Ofi6yawahe/Pilot Knob is perfectly perched in the fast -lane of one of the world's great avian superhighways: The Mississippi Flyway. This flyway is the route for nearlyhalfofNorthAmerica's migratory birds. Oheyawahe/Pilot Knob is also located in an Important Bird Area QBA), a place identified by Audubon Minnesota as vital for bird conservation. Oheyawahe/Pilot Knob's bluff -top location in the flyway means great opportunities to spot a wide range of birds—from seasonal migratory visitors, to birdsthatremainyearround. Esgiss soar in a steady /light with wings held straight out. Ac Vultures soarin a rocking motion with wings held at an upward angle. ry y a i y tripW' .F f s'2r Sheep graze on yard grasses, remnants of prior lamrsteads Volunteers use fencing to protect newly planted oaks from browsing by deer and rabbits Hoary Vervain Black-eyed Susan Wild Bergamot Gray -headed ConeflowerVerbenastrictaRudbecldaIrinaMonardafisfulmaRablvdapinata Prairie wildflowers, or forbs, co -evolved with insects and birds over thousands of years. Re-establishing these native plants not only increases the beauty of Pilot Knob, but also provides food and shelter for many native animals. The msty patched tumble bm added to the list of Endangered Species in 2076, was noted in a native bee survey done on Historic Pilot Knob. Surveys monitor the effecoveness of the restoration in supporting native wildlife. A Place Reclaimed as Public Land After the land of Pilot Knob hill was offered for sale by the U.S. government in the 1800s, it was purchased by a variety of private owners. In 2002, developers announced a plan to build 157 townhomes on the north slope. A broad coalition of Native Americans, local residents, historians, archeologists, faith communities, and environmental groups united to preserve this land as a public natural area. In 2006 the City of Mendota Heights, with help from The Trust for Public Land', purchased 8.2 acres of Pilot Knob hill from the private landowners. In 2007, the City acquired another 17.2 acres from Acacia Park Cemetery. These 25 acres are designated Historic Pilot Knob and are managed as a natural area, free and open to the public. Historic Pilot Knob is a place that everyone can visit to enjoy the view and wildlife, to learn about ecological restoration, and to reflect on the history and meaning of this sacred place. Additional funders that assisted wild these purchases include Dakota county (through its Farmland and NaturalAreasProgram), the Minnesota Depdrfinent of Natural Resources (through its Remediation Fund, Natural andScenic, and Metro Greenways progadms), Minnesota's Environment and Natural Resources Trust Fund (asrecommendedbytheLegislative -citizen Commission on Minnesota Resources), F R Bigelow Foundation, TheMcKnightFoundation, The Saint Paul Foundation, The Scrooby Foundation, and private citizens. This brochure was developed and produced by Pilot Knob Preservation Association. This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society and by the City of Mendota Heights. PKPA also thanks the City of Mendota Heights and Dakota County for their support For information about parks and trails in Mendota Heights, visit ewvw.mendota-heights.com; for Dakota County, visitwww.co.dakotannnus. 1 fiD PILOT KNOB PRESERVATION ASSOCIATION. City of Burnsville | Animal Event Permit (6/23/16) | Page 1 ANIMAL EVENT PERMIT Recommendation for approval will be based on completion of application, payment in full, inclusion of the insurance certificate, and written response to the attached questionnaire. Temporary Animal Permit APPLICANT PERMIT INFORMATION Date of Application: Fee Paid: $ Name of Applicant: Phone: Address: City/State/ZIP: Description of Temporary Event: Requested Date of Temporary Event: Requested Times of Event: From: To: Address of Event: Vendor Providing the Animals: Phone: 24-hour Emergency Contact Name: Phone: APPLICANT NAME (PRINT): APPLICANT SIGNATURE: Date Signed: RECOMMENDATION STAFF RECOMMENDATION APPROVE DENY Comments: STAFF NAME/TITLE (PRINT) STAFF SIGNATURE: Date Signed: FINAL ACTION CITY ACTION: APPROVED DENIED CITY NAME/TITLE (PRINT) CITY SIGNATURE: Date Signed: CITY SIGNATURE: Date Signed: Please complete the questionnaire below and submit with payment to: BURNSVILLE POLICE DEPARTMENT 100 CIVIC CENTER PARKWAY BURNSVILLE, MN 55337 Checks may be made out to: City of Burnsville Please be sure to include a copy of the insurance certificate with each application. City of Burnsville | Animal Event Permit (6/23/16) | Page 2 ANIMAL EVENT PERMIT Burnsville Animal Control This questionnaire should be completed by the vendor providing the animals. 1. List specific types of animal and numbers of each to be exhibited and/or housed in Burnsville for the requested event. Example: 6 Shetland ponies, 4 African Pygmy Goats, etc. 2. Types of acts and activities the animals will be engaged in. 3. Description of method used to protect the public from getting injured by one of the animals. 4. Describe the method used for overnight stabling and/or housing of the animals, if applicable. 5. Describe the cleanup methods and frequency that will be used to keep the area clean of animal waste. City of Burnsville | Animal Event Permit (6/23/16) | Page 3 6. What kind of insurance coverage do you have in case the public is injured by any animals? (You must include a copy of the insurance certificate with each application.) 7. Provide a statement indicating that you are aware that the permit may be revoked and the event closed down if violations of humane laws and/or ordinances and/or statutes are found or the animal management plan listed in this questionnaire are not followed. 8. Describe the number of staff available, the method of capture, and the equipment to be used to catch animals should they escape from your custody. 9. List the expiration date of the last rabies vaccinations given to each animal, if applicable. 10. Provide the name, address and phone number of the veterinarian used. 11. List your USDA #, if licensed. Eagan City Code Sec. 10.12. Subd. 10 – Prescriptive Grazing Regulations Subd. 10. Harboring and keeping of goats—For prescribed grazing by permit. A. Definitions. As used in this subdivision, the following definitions shall apply: Prescribed grazing shall mean the use of goats as a landscape management technique to control the growth of undesirable vegetation, including noxious weeds and invasive plant or trees at a specific location for a defined length of time. For the purpose of this definition, goats used for prescriptive grazing are not considered pets or farm animals. B. Prescribed goat grazing permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any goat within the city, except pursuant to a permit issued by the city under this subdivision. A permit hereunder may be granted only for: (1) a parcel or lot of record that is 0.5 acres or more in size; or (2) a prescribed grazing area located on more than one parcel or lot provided the grazing areas on each parcel/lot are contiguous and an aggregate of 0.5 acres or more in size. No goat may be kept, maintained or harbored on or in any other property, except agriculture containing not less than five acres. C. Permit application and permit fees. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by city council resolution. The permit application shall include, but not be limited to, the following: 1. The full name and address of the following persons: (a) The applicant signed thereto; and (b) The owner(s) of the premises on which prescribed goat grazing is sought to occur and for which the permit would apply; 2. The street address of the premises on which prescribed grazing is sought to occur and for which the permit would apply; 3. The number of goats to be kept on the premises under the permit, not to exceed two goats per every one-tenth acre of the prescribed grazing area; 4. The full name, address, and 24-hour contact telephone number of the person who owns the goats to be used for the prescribed grazing; 5. The type of fencing to be used for the required enclosure; 6. Date the temporary fence will be installed; 7. Date the goats will arrive on the premises for which the permit would apply; 8. The latest date the goats will be removed from the premises for which the permit would apply; 9. A detailed site plan of the premises on which prescribed grazing is sought to occur, including the location and the dimensions of the proposed grazing area, a list of the vegetation existing on the site and sought to be controlled by the prescribed grazing, the location and delineation of any wetland or public water shoreline, and the location of the proposed enclosure fencing. 10. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of goats on the property for which the permit is sought; 11. If the applicant is not the fee owner of the premises on which the goats for prescribed grazing is sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises; and 12. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The city clerk may grant a permit under this subdivision; however, a permit may not be issued unless the application filed demonstrates compliance with the requirements of this subdivision. A permit shall not be issued until the city forester or designee inspects and determines the existence and need for control of undesirable vegetation, as well as review of any ecologically sensitive areas, on the premises at which prescribed grazing is sought to be implemented. The city clerk shall deny a permit hereunder for any of the following reasons: 1. The application is incomplete or contains false, fraudulent or deceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this subdivision. 3. The premises for which the permit is sought, including, but not limited to, the proposed grazing area, is not in compliance with any provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety. 4. The applicant or owner of the premises where the prescribed grazing is to occur has been previously convicted of a violation under this subdivision within the past two years. 5. The applicant is not the occupant of the premises for which the permit is sought to be issued. 6. The owner of the goats has violated any provision hereunder, or on more than two prior occasions, the owner's goats have been found running at large. E. Conditions of permit. A permit granted under this subdivision shall be subject to the following conditions: 1. Ownership/occupancy of premises. The permit holder under this subdivision must occupy the premises for which the permit is issued at all times that the permit is in effect and goats are present on the premises. 2. Inspection. The premises for which a permit is issued shall, at all reasonable times, be open to inspection by the city forester or any other city official to determine compliance with this subdivision, other City Code provisions and state laws relating to zoning, health, fire, building or safety. 3. Transferability of permit. A permit issued hereunder shall be nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any goat on any property that is not permitted on the permit. 4. Specifications for feeding and care of goats. All supplemental feed for the goats shall be securely stored in water-tight and vermin-proof containers. All goats on the premises shall have daily access to fresh drinking water (not from nearby lakes, ponds, etc.). All goats used under the permit shall receive proper veterinary treatment and regular deworming. In the event that a prescribed grazing goat becomes ill, hurt, or perishes, the permit holder and the owner of the goat is responsible for immediate on-site care or removal of the goat from the property. 5. Number of goats permitted. No more than two goats per every one-tenth acre of the prescribed grazing area shall be on the premises at one time under the permit. 6. Natural resources protection. Prescribed grazing must comply with the shore land regulations and wetland regulations set forth elsewhere in this Code. The permit may restrict the permissible grazing area to protect ecologically sensitive areas on the premises. Prescribed grazing activities shall comply with the following: (a) Prescribed grazing activities shall comply with the best management practices established by the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District, and all other pertinent agencies. (b) Prescribed grazing activities shall not impair water quality as defined by the Federal Clean Water Act. (c) Threatened or endangered plant species shall not be negatively impacted by prescribed grazing activities. 7. Proper enclosures. The prescribed grazing area shall be fully and securely enclosed with proper enclosures, and fully maintained for the duration of the prescribed grazing period, as required and provided herein. It is unlawful and a violation of the permit for any goat to be allowed to run at large as the term is defined elsewhere in this chapter. The prescribed grazing activity shall be fully and properly enclosed at all times. Proper enclosure means any combination of temporary or permanent fences or structures designed to prevent the escape of the goats used for the prescribed grazing and to protect the goats from the intrusion of other predatory animals. All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures shall be constructed or secured in a manner as to prevent the goats from escaping over or under the enclosure(s). An enclosure shall meet the following requirements: (a) Permanent enclosures. Fences and structures constructed to enclose prescribed grazing goats, but intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations for the zoning district in which the prescribed grazing is located and shall be permitted separately from the prescribed grazing activity. (b) Temporary enclosures. Temporary fencing and structures for the sole purpose of enclosing prescribed grazing goats shall be allowed for the duration of the prescribed grazing. All temporary fencing or structures shall be removed within five days of the removal of the goats from the premises as required under the permit. (c) Temporary fences may be electric or electrified as specified in the approved prescribed grazing permit. Where electric fences are used, a double fence system with a non-electric outer fence, maintained a minimum of three feet from the electric fence, is required to serve as a safety barrier to reduce the possibility of the public coming in contact with the electric fence. If an existing natural barrier or permanent structure exist as to prevent contact with or serve as a barrier to the electric fence, then the second outer fence may not be required for the applicable segment of fencing. (d) Any electric or electrified fence in association with a prescribed grazing activity must have a warning sign posted on every boundary of the enclosure at least every 50 feet along each side of the fence. The warning sign shall clearly identify the electric fence. No single sign shall exceed four square feet in area. Each sign shall be clearly visible on the approach to the fence and be posted on or within one foot of the electric or electrified fence. (e) The outer fence line shall be inside the property line of the premises on which the permit applies, and shall not be located within any public or private right-of-way. 8. Conservation easements. If the proposed prescribed grazing area is within a conservation easement, all requirements of the conservation easement must be met. If the terms of the conversation easement do not allow prescribed grazing, then the permit will be denied. 9. Unneutered male goats. Unneutered male goats over six months of age are prohibited. 10. Liability insurance. The owner of the goat(s) to be utilized under the permit shall have and maintain insurance coverage for claims arising from prescribed grazing activity in the amount of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and shall provide to the city proof of coverage prior to the issuance of the permit. 11. Signage. The permit holder shall install and maintain signs on the premises for the duration of the permit as follows: (a) Signs warning of the hazardous condition of the presence of the goats; the information sign, such as "do not enter—goat defoliation area" or "do not enter—goat invasive species treatment area—no petting or feeding." (b) A sign shall be located on each side of the enclosed area. The sign shall be a minimum of four square feet and not exceed 16 square feet in area. (c) The signs shall not contain advertising, however the contact information of the owner of the goat(s) may be listed on the signs for emergency purposes. (d) The signs shall be setback a minimum of ten feet from property line if freestanding, or placed on the enclosure fence. (e) All signs shall be removed when goats are removed from the premises. F. Duration of permit. The duration of a permit under this section shall be as follows: (a) Properties under two acres in area. On properties with an area of less than two acres, prescribed grazing shall not be permitted for more than 30 consecutive days. No more than two prescribed grazing permits may be issued within one calendar year for the property. There shall be a minimum of 60 days between the expiration of the first permit issued and the second permit issued in a 12-month period. (b) Properties two or more acres in area. On properties with an area of two or more acres, the duration of the prescribed grazing activity shall be as specified in the permit, determined solely within the discretion of the city clerk as may be guided by city personnel trained in control and maintenance of noxious and invasive weed/plant vegetation. G. Revocation of permit. A violation of any provision of this subdivision or any condition of the permit issued hereunder shall constitute grounds for revocation of a permit. The clerk may summarily revoke a permit if a permit holder's goat(s) have been found running at large on two or more occurrences within the term of the permit. PRESCRIPTIVE GRAZING PERMIT APPLICATION Initial License Fee: $50 Renewal License Fee: $25 APPLICANT INFORMATION Site address for prescriptive grazing: Applicant Name (property resident): Applicant’s Email Address: Primary Phone: ( ) Alternate Phone: ( ) The above referenced property’s Homeowners’ Association rules, if any, do not prohibit prescriptive grazing on the property: (please initial) Yes _________ No __________ Not Applicable _________ PROPERTY OWNER INFORMATION Is the premises owned or rented by the applicant? Owned (skip to “goat owner information” section) Rented (complete the remainder of this section) If the premises is rented: Property owner: ____________________________________________________________________________________________ Property owner mailing address: _______________________________________________________________________________ Property owner phone number: ________________________________________________________________________________ I consent to have the prescribed grazing activity described in this application on my property. _________________________________________________________________________________________________________ Property owner signature Date PRESCRIPTIVE GRAZING INFORMATION Date goats will arrive on property: Latest date goats will be removed from property: Type of temporary fencing to be used: Date temporary fencing will be installed: List of vegetation to be controlled by prescriptive grazing: Size of prescriptive grazing area (in acres): Maximum number of goats to be used on the property: 3830 Pilot Knob Road Eagan, MN 55122 Licensing: (651) 675-5034 Fax: (651) 675-5012 You may subscribe to receive an electronic notification from the City of proposed ordinances by signing up for an email update on the City’s website at www.cityofeagan.com/subscribe. I certify that I have read the above questions and that the answers are true and correct to the best of my knowledge. _______________________________________________________ ______________________________ Applicant Signature Date GOAT OWNER INFORMATION Name of Goat Owner: Goat Owner Mailing Address: Goat Owner Email Address: Goat Owner Phone Number (available 24-hours a day for emergencies): TENNESSEN WARNING NOTICE When the City of Eagan (“City”) collects private/confidential data from an individual about that individual, the City is required under Minn. Statute § 13.04, subd. 2, to provide a Tennessen warning Notice. The purpose of this Notice is to enable individuals to make an informed decision about whether to give data about themselves to the City. Classification of Data Provided Under Minnesota Statute § 13.41, subd. 2, regulating licensing data obtained by a public entity, names and the designated contact address and telephone number are public data and available upon request. All other information provided on your application prior to licensure approval is classified by law as private data and is accessible to you, but not to the public. Upon license approval, all information provided on your application is public data, EXCEPT for: date of birth, social security, non-designated or secondary contact address and telephone number, financial data, state and federal tax ID’s, or data classified under Minnesota Statute § 13.02, subd. 12, as private or subd. 13 as protected nonpublic. Public data is available to any person upon written request to the City. Purpose and Intended Use The data requested on each application will be used in determining whether you meet the City qualifications and requirements for the license for which you are applying. Data from your application will also be relied upon for contact and communication purposes by the City. Failure to provide any of the requested information could result in the delay or possible denial of your initial or renewal application. All data collected and stored may be shared upon court order or with other government entities as authorized by law. REQUIRED DOCUMENTATION A certificate of liability insurance issued to the owner of the goats for prescribed grazing activity at the licensed premise. The certificate must show at general liability coverage of at least $1,000,000 per occurrence and $2,000,000 general aggregate. The City of Eagan must be listed as a certificate holder. A detailed site plan of the premises on which the prescribed grazing will occur. Please include dimensions of the proposed grazing area, the location and delineation of any wetlands or bodies of water and the location of the proposed fencing. (Electrified fences require a boundary fence. Both the electric and boundary fences must be included on the site plan.) PLANNING (OFFICE USE ONLY) Approve / Denied Review Date: _____________________ Staff: ___________________________________ Notes: FORESTRY (OFFICE USE ONLY) Approve / Denied Review Date: _____________________ Staff: ___________________________________ Notes: CITY of HUDSON, WI § 99-22Temporary keeping of goats; violations and penalties. [Added 8-21-2017 by Ord. No. 14-17[1]] A. Purpose. The purpose of this section is to establish conditions under which the temporary and periodic use of a limited number of goats for invasive species and other weed control is permitted in all districts; and to establish requirements for doing so to protect the health, safety, and welfare of the general population of the City of Hudson. B. Requirements for temporarily keeping goats for invasive species or other weed control. (1) Temporary use of goats shall not exceed 30 days twice a year. (2) The goats must be contained by an adequate containment fence at all times. If an electric fence is used it must display a warning that the fence is electric. (3) All goat waste material must be removed from the property within 24 hours each day. (4) The property must be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust, and general nuisance conditions. (5) Goats shall not be allowed on a vacant lot. (6) The City shall have no liability for any damage that may be caused by goats kept on a property pursuant to this section. Property owners and permittees under this section shall be jointly and severally liable for any damage that may be caused by the goats kept pursuant to a permit issued under this section. C. Permit required. (1) No person shall own, harbor, keep or maintain goats temporarily or otherwise on his or her property within the City without first obtaining a permit approved by the Hudson Police Department. (2) The permits shall allow the permit holder to temporarily have goats on his or her property for up to 30 days for the purpose of invasive species or other weed control on his or her property. (3) A person may be issued two such permits per property in a calendar year. (4) Applications shall be made to the City Clerk's office and forwarded to the Building Inspector for review. (5) Applicants shall provide the following information on the permit application: (a) Name, address, and contact information of the permit applicant. (b) Address and description of the property where the goats will be temporarily kept. (c) The type of invasive species or weed control problem on the property. (d) Name, address, and contact information of the person or entity providing the goats. (e) Site plan showing where on the property the goats will be temporarily kept, including a plan and description of the fencing that will be used to keep the goats on the property. (f) A plan to dispose of goat manure in a safe and adequate manner with removal of waste within 24 hours. (g) No more than 15 goats can be kept on the property. The number of goats allowed per permit shall be determined based on the size of the area where goats will be kept. (6) No permit shall be issued until the City reviews the application and inspects the property and determines that the applicant has complied with the requirements of this section. (7) The applicant shall be the property owner or tenant with written consent of the property owner. (8) Written permission from a homeowners' association, if applicable, or a statement by the applicant that keeping goats on the property is consistent with any homeowners' association bylaws or rules. (9) The permit shall not be transferable. (10) No permit shall be issued if the applicant is delinquent in paying of any taxes, assessments, forfeitures, or fines for violations of City ordinances, utility bills, or other claims owed to the City. (11) The City of Hudson shall be exempt from the permit requirements of Hudson Code § 99-22 for the temporary keeping of goats on City park and other City-owned property for the purpose of control of invasive species and other weed control purposes on property owned by the City of Hudson. [Added 3-12-2018 by Ord. No. 8-18] D. Permit fee. (1) Application and permit fee shall be in the amount established by City fee schedule. The permit fee shall be $25 per permit. The fees may be changed by the motion of the Common Council and shall be incorporated into the City fee schedule. (2) Permit fees shall not be prorated or refundable. E. (Reserved) F. (Reserved) G. Inspection and enforcement. (1) The Hudson Police Department, Animal Control Officer, or their designees shall have the power, whenever they may deem reasonably necessary, and consistent with the requirements of statutory and constitutional law, to enter a building, structure, or property related to a permit under this section to ascertain whether the license holder is in compliance with this chapter. The above-listed departments may issue compliance orders and citations pursuant to the provisions of this chapter, this code and state law. (2) Violations of this chapter may constitute a public nuisance under Chapter 175 of this Code,[2] or under W.S.A. Ch. 823. [2] Editor's Note: See Ch. 175, Nuisances. (3) The City may revoke a permit at any time if the permittee does not follow the terms of the permit or this section, or if the City finds that the permit holder had not maintained the goats, fences, or outdoor enclosures in a clean and sanitary condition. H. Other methods not excluded. The requirements and remedies provided under this section are not exclusive and may be used in combination with each other or with any other section of this Code or applicable state statute. I. Severability. If any provision in this section, or portion thereof, is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected. J. Violations and penalties. Any person who violates the provisions of this section shall, upon conviction thereof, forfeit not less than $50 nor more than $500 per day of violation, if applicable, together with the costs of prosecution. Each day a violation exists is a separate violation. CITY OF HUDSON 505 THIRD STREET HUDSON, WI 54016 TEMPORARY KEEPING OF GOATS APPLICATION FORM Fee: $25 (per permit) Applicant Information First Name Last Name Phone Street Address City State Zip Homeowner or Tenant ☐ Homeowner ☐ Tenant ** If you own a property within a Homeowner’s Association you must submit a statement that the keeping of goats is consistent with bylaws/rules of the Homeowner’s Association. Phone Number (best # to reach you at to pick up permit) Email Address Company Providing Services (include contact information) Description of property where goats will be kept (include site plan and type of fencing that will be used and a plan for disposal of waste in this section): Ordinance 980 An Ordinance Allowing the Temporary Keeping of Goats and Sheep The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section amends the Maplewood Zoning Code to allow the temporary keeping of goats and sheep in the Single Dwelling zoning district for prescriptive grazing. Sec. 44-103. Prohibited uses. The following uses are prohibited in the R-1 Residence district: (1) The raising or handling of livestock (except for goats and sheep outlined in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels. (2) Accessory buildings without an associated dwelling on the same premises. (3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the sale or display of commercial products, when not on a property with a residential use. Section 2. This section amends the Maplewood Zoning Code to allow the temporary keeping of goats and sheep in the Rural Conservation Dwelling zoning district. Sec. 44-118. Uses. (3) Prohibited uses. The city prohibits the following uses in the R-1R zoning district: (b) The raising or handling of livestock (except for goats and sheep outlined in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels. Section 3. This section amends the Maplewood Zoning Code to allow the temporary keeping of goats and sheep in the Small-Lot Single-Dwelling zoning district. Sec. 44-192. Uses. (b) Prohibited uses. (1) Accessory buildings without an associated dwelling on the same premises. (2) The raising or handling of livestock (except for goats and sheep outlined in Chapter 10, Article X, Goats and Sheep) or animals causing a nuisance, except for licensed kennels. Section 4. This section amends the animal chapter to allow the temporary keeping of goats and sheep in all zoning districts with a permit. Chapter 10 (Animals), Article X (Goats and Sheep) Sec. 10-492. Purpose. It is the purpose of this ordinance to permit the keeping and maintenance of goats and sheep brought in temporarily for the purpose of vegetation management. Sec. 10-493. Definitions Buck means a male goat. Doe means a female goat. Goat means an animal in the subspecies of Capra Aegagrus Hircus. Grazing means goats or sheep eating vegetation. Officer means any person designated by the City Manager as an enforcement officer. Ram means a male sheep. Sheep means and animal in the subspecies of Ovis Aries Wethers means a castrated buck. Sec. 10-494. Permitted Use. The City allows the temporary keeping of goats and sheep in all zoning districts for vegetation management with a permit issued by the City Clerk. Sec. 10-495. Permit Required. (1) No person shall stable, keep, or permit any goats or sheep to remain on any lot or premises within the city without a permit. The City Manager or their designee shall grant a permit for goats or sheep after the applicant has met all requirements contained in this ordinance. (2) The Officer shall grant a permit for the temporary keeping of goats or sheep after the property owner has obtained the written consent of at least 60 percent of the property owners of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any house or business. (3) Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner, manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. Sec. 10-496. Application. Any person desiring a permit required under the provisions of this ordinance shall make written application to the City Clerk upon a form prescribed by and containing such information as required by the City Clerk and officer. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep goats or sheep. (2) The breed and number of goats or sheep to be maintained on the premises. (3) The timeframe for grazing at the property. (4) A site plan of the property showing the location and size of the proposed grazing area. Grazing must follow the wetland ordinance. (5) List of person(s) managing and monitoring the goats and sheep. (6) Statements that the applicant will at all times keep the goats and sheep in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this ordinance and grounds for cancellation of the permit and/or the issuance of a citation to the applicant. Sect 10-497. - Limitations for the Keeping of Goats and Sheep: (1) Permitted and Prohibited Goats and Sheep: Does and Wethers are permitted; Bucks and Rams are prohibited. (2) Fences: Every owner, keeper, custodian, or harborer of goats or sheep shall erect and/or maintain a fence, as described in this ordinance and the fence ordinance found in Section 12-3, to contain and confine all goats and sheep kept or maintained on the premises. The fence shall be at least five (5) feet in height and the meshing shall be of a size to contain the goats and sheep. The goats and sheep may be moved to a separate holding pen at night, which shall be located the maximum distance practicable from residences. (3) Number of Goats or Sheep Allowed: Up to four (4) goats or sheep on parcels that are ten thousand (10,000) square feet in area or less, with one (1) additional goat or sheep per every one thousand (1,000) square feet of lot area over ten thousand (10,000) square feet, to a maximum of seventy-five (75) goats or sheep per parcel. (4) Maintenance: All sites on which goats or sheep are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. (5) Odor: The site shall be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the City revoking the permit and requiring the removal of the goats or sheep from the premises. (6) Nuisance: Goats or sheep shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. Sec. 10-498. Violations. (1) Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished in accordance with Section 1-15. (2) If any person is found guilty by a court for violation of this ordinance, their permit to temporarily keep goats or sheep shall be deemed automatically revoked and no new permit may be issued for a period of one (1) year. (3) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of goats and sheep. Sec 10-499. Term of Permit. No property owner or person shall store on a property goats or sheep for more than sixty (60) days in any twelve (12) month period starting with the date the animals are moved on the parcel. The city may grant a time extension of an additional sixty (60) days provided the property owner gets approval from the city. Sec. 10-500. Application Fees. The application fee for a goat or sheep permit under this ordinance shall be set by the city council, by resolution, from time to time. Sec.10-501. Revocation. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such goats or sheep. Sec. 10-502 – 10-510 – Reserved. The Maplewood City Council approved this ordinance June 11, 2018. Type of Invasive Species of Weed Control Problem Number of Goats Requested: ** Please note that no more than 15 goats may be kept on the property. The number of goats allowed per permit shall be determined based on the size of the area where the goats will be kept. PLEASE BE ADVISED THAT ALL APPLICATIONS WILL BE SUBMITTED TO THE CLERKS OFFICE FOR APPLICATION SUFFICIENCY AND FORWARDED TO THE BUILDING INSPECTOR AND POLICE DEPARTMENT FOR REVIEW/APPROVAL. ALL SECTIONS OF THE CHAPTER 99-22 OF THE CODE OF THE CITY OF HUDSON MUST BE FOLLOWED. ALL DELINQUENT TAXES, ASSESSMENTS, FORFEITURES OR FINES FOR VIOLATIONS OF CITY ORDINANCES, UTILITY BILLS OR OTHER CLAIMS OWED TO THE CITY MUST BE PAID CURRENT PRIOR TO PERMITS BEING ISSUED. APPLICANT’S SIGNATURE I hereby certify that the answers on this application are true and correct. I agree, in the consideration of granting this permit, to comply with the laws of the Federal Government, State of Wisconsin and to the provisions of the Municipal Code of Ordinances in the City of Hudson. Signature Date Mail or bring completed form with payment (cash or check) to: City of Hudson 505 Third Street Hudson, WI 54016 FOR STAFF USE ONLY Police Department Approval: Amount/Date Paid: Building Inspection Approval: Permit #: Click or tap here to enter text. Receipt #: Goat/Sheep Permit Application – Page 1 of 3 Approved By: City of Maplewood City Manager Office of the City Clerk Environmental 1830 County Road B East | Maplewood, MN 55109 Fee Paid:_________ 651-249-2001 | 651-249-2957 (fax) Receipt #:_________ www.MaplewoodMN.gov GOAT/SHEEP PERMIT Guidance relating to the temporary keeping of goats and sheep is contained in the Maplewood City Chapter 10, Article X. All permit holders are required to be familiar with the provisions of this chapter. ___________________________________________________________________________________________ PERMIT APPLICATION CHECKLIST: To prevent delay, please ensure the following information is submitted. Incomplete applications are not accepted and will be returned immediately. Goat and/or Sheep permit application Permit Fee of $75.00 Letter of approval from Property Owner (if applicant is not the owner of the property on which goats and/or sheep are being kept) Site Plan detailing the following: Location and size of grazing area (in accordance with Wetlands & Streams City Code Chapter 18, Article V, Division 2) List of all person(s) managing and monitoring the goats/sheep Fence type and dimensions Maplewood Property Address Address: Applicant Information (individual responsible for permit activity) Name of Applicant: Job Title (if applicable): Phone Number: E-Mail Address: Property Owner (if different than applicant) Name Phone Number Address: City: State: Zip: E-mail Address: Additional Person(s)/Business (responsible for managing and monitoring goats and/or sheep on the property) Name: Phone Number: Address: City: State: Zip: E-Mail Address: Property Information Number of goats and/or sheep to be kept on property: Allowed up to four (4) goats/sheep on property 10,000sq/ft or less. One (1) additional goat/sheep is allowed per every 1,000 sq/ft over 10,000 sq/ft, up to a maximum of 75 goats/sheep per property) Goat/Sheep Permit Application – Page 2 of 3 Breed of Goats/Sheep: Date(s) Goat/Sheep will be on property (max. 60 days per 12-mo period, beginning date animals moved on to property.) Begin Date: End Date: Begin Date: End Date: Begin Date: End Date: Zoning of property where goats/sheep are kept (if unsure, contact Community Development at 651-249-2300) The applicant agrees: I acknowledge to, at all times, keep the goats and/or sheep in accordance with all the conditions specified by the officer, or a modification thereof. I acknowledge that failure to obey such conditions will constitute a violation of City Code Chapter 10, Article X and grounds for cancellation of the permit. I acknowledge that failure to obey such conditions will constitute a violation of City Code Chapter 10, Article X and are grounds for issuance of a criminal citation to the applicant. The data in this application will be used to approve your permit and shall be deemed public unless private by State Statute. Private data is available to you and the City or State staff who need this information to perform their duties, but is not available to the public. You are not legally required to provide this data, but the City may not be able to approve your permit if you do not provide it. I will familiarize myself with the provisions of the Maplewood City Code, and with applicable Minnesota Statutes and federal regulations. I will keep the goats and sheep in accordance with all of the conditions prescribed by the officer, or modification thereof, and it is understood that failure to do so may constitute grounds for denial, suspension or revocation of this permit and/or the issuance of a citation to the applicant. I declare that the information I have provided on this application is truthful and I understand that falsification of answers on this application will result in denial of the application. I authorize the City of Maplewood to investigate and make whatever inquiries necessary to verify the information provided. Applicant Signature: Date: Office Use Only Plan Submitted: Yes/No Fence Provided: Yes/No Sq. Footage of Area No. Goat/Sheep Approved Dates Approved From To Approval by Adjacent Properties ___________% Goat/Sheep Permit Application – Page 3 of 3 City of Maplewood | Office of the City Clerk 1830 County Road B East | Maplewood, MN 55109 651-249-2001 | 651-249-2957 (fax) GOAT/SHEEP PERMIT REQUIREMENTS (For Applicant’s Records) A. Temporary Goat and/or Sheep Permit Requirements: 1. Temporary keeping of goats and/or sheep allowed in all zoning districts for prescriptive grazing, with a permit. 2. At least sixty (60) percent neighbor approval of all adjacent (i.e. sharing property lines) properties from the outer boundaries of the premises for which permit is being requested, or proof that the applicant’s outer property lines are one hundred fifty (150) feet or more from any house or business. 3. Detailed Site Plan Including: a. Description and Zoning of the real property in which it is desired to keep goats or sheep b. The breed and number of goats and/or sheep to be maintained on the premises c. The timeframe for grazing on the property d. List and contact information person(s) managing and monitoring the goats and/or sheep B. Limitations for the Keeping of Goats and Sheep: 1. Does and Wethers are permitted; Bucks and Rams are prohibited. 2. Fences- Every owner, keeper, custodian, or harborer of goats and/or sheep shall erect and/or maintain a fence, as described in this ordinance and the fence ordinance found in Section 12-3, to contain and confine all goats and/or sheep kept or maintained on the premises. The Fence shall be at least five (5) feet in height and the meshing shall be of a size to contain the goats and/or sheep. The goats and/or sheep may be moved to a separate holding pen at night, which shall be located the maximum distance practicable from residences. 3. Number of goats and/or sheep allowed- Up to four (4) goats and/or sheep on parcels that are ten thousand (10,000) square feet in area or less, with one (1) additional goat and/or sheep per every one thousand (1,000) square feet of lot area over ten thousand (10,000) square feet, to a maximum of seventy-five (75) goats and/or sheep per parcel. 4. All sites on which goats and/or sheep are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. 5. The site shall be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. 6. Goats and/or Sheep shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. C. Term of Permit: No property owner or person shall store on a property goats or sheep for more than sixty (60) days in any twelve (12) month period starting with the date the animals are moved on the parcel. The city may grant a time extension of an additional sixty (60) days provided the property owner gets approval from the City. In such a case, the property owner shall make every effort to adhere to the one-hundred and twenty (120) day maximum time limit. D. Revocation: Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Planning Commission Memo MEETING DATE: November 26, 2019 TO: Planning Commission Chair Magnuson & Planning Commissioners FROM: Tim Benetti, Community Development Director SUBJECT: Preliminary Discussion of an Ordinance Regulating Adult Use Establishments & Sexually Oriented Businesses in the City of Mendota Heights Introduction The Planning Commission is being asked to discuss, provide initial thoughts, and direction to city staff on preparing a new ordinance regulating adult use establishments and sexually oriented businesses in the City of Mendota Heights. Background In 1989, the Minnesota State Attorney General released a “Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses”, which recommended that communities should adopt zoning regulations which set distance requirements between sexually oriented businesses and sensitive uses, including but not limited to liquor establishments, residential areas, schools, child care facilities, churches and parks. The US Supreme Court generally ruled that local governing units prohibiting adult or sexual oriented businesses may be infringing on citizens’ freedom of speech or expression; therefore, LGU’s should allow such uses, but have the right to create or impose reasonable [zoning] standards and regulations on such uses. In response to some of these court challenges and rulings, the League of Minnesota Cities suggested that communities should adopt their own “adult use ordinance” that would effectively govern, restrict and regulate these uses. The LMC provided a model ordinance for cities to adopt, and many cities throughout the metro and statewide adopted ordinances regulating such uses. Examples of some of these city ordinances are appended to this memo. For some unknown reason, the City never created or adopted a similar ordinance governing these uses. City staff recently received an inquiry from an individual seeking an area (zone) to place a possible adult or sexually oriented establishment in the community. Upon quick review of City Code, staff noticed the current code is silent on these types of uses, and later reported back to the individual that since our ordinance does not identify such use, the city would not allow such use at this time. Staff later reviewed Minnesota State Statute 617.242: Adult Entertainment Establishments (see attached), which provides levels of regulation authority and standards that cities can apply to these uses. One particular regulation that staff initially thought protected the city is noted under Subd. 3, whereby a city can exclude an adult use establishment if it is located within 50-miles from said city. However, in consulting with City Attorney Andy Pratt on this statute (including Subd. 3), he indicated that from previous legal and court decisions, this state statute may not be enough to eliminate or preclude such uses from the city. In response to this inquiry and conferring with the city attorney, city staff presented our initial concerns and findings to the City Council at the October 28th Workshop Meeting. From this meeting, city staff was directed to prepare an ordinance authorizing a 12-month moratorium on such uses, which will give staff time to research and prepare information for the planning commission and city council to consider later on, in the hope of creating a new ordinance (for adoption) that regulates such uses in the community. On November 6, 2019, the City Council adopted Ordinance No. 546, an Interim Ordinance Placing a Temporary Moratorium on Adult Use Establishment & Sexually Oriented Businesses. This ordinance is included herein. Recommended Action There is no official action to be taken under this item. Attached to this memo for the Commission’s review is a copy of Minnesota State Statute 617.242: Adult Entertainment Establishments; along with a few local city ordinances regulating adult uses. Staff would like to have the planning commission review this information; discuss with staff; and provide general direction on how to proceed in the preparation of a new ordinance amendment to City Code. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 546 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES IN THE CITY OF MENDOTA HEIGHTS AND DIRECTING A STUDY TO BE CONDUCTED The City Council of the City of Mendota Heights, Dakota County, Minnesota (the "City") does hereby ordain as follows: WHEREAS, the City is aware that certain adult use establishments and/or sexually oriented businesses may cause secondary effects that are detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and, WHEREAS, the City's comprehensive plan, zoning, licensing, and development regulations may not adequately address various impacts to the public health, safety, morals, and general welfare that adult use establishments and/or sexually oriented businesses present; and, WHEREAS, in order to provide adequate time for study, analysis, and the finalization of a city code amendment regarding adult use establishments and/or sexually oriented businesses and to preserve the status quo within the City, the City desires to enact a temporary prohibition on the siting, allowance and issuance of any permits, land -use entitlements or licenses for adult use establishments and/or sexually oriented businesses. SECTION 1. THE FOLLOWING MORATORIUM ORDINANCE IS ADOPTED: PURPOSE. 1.1 The purpose of this interim ordinance is to protect the planning process and the health, safety, and welfare of the citizens of Mendota Heights by placing temporary moratorium requirements on adult use establishments and/or sexually oriented businesses within the City. The temporary moratorium will allow the City to complete a comprehensive study and enact permanent zoning and possible licensing regulations relating to adult use establishments and/or sexually oriented businesses. FINDINGS. 2.1 Studies conducted by the Minnesota Attorney General and the Texas City Attorneys' Association, as well as the Cities of St. Paul, Alexandria, and Rochester, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado, have examined the impact that adult establishments and sexually oriented businesses have on their respective communities. These studies generally concluded that adult establishments have an adverse impact on surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. The City Council of the City of Mendota Heights recognizes that the same or similar adverse impacts could occur in a smaller city such as Mendota Heights. Therefore, the City Council makes the following preliminary findings regarding the need to regulate adult establishments and massage establishments. The findings and conclusions contained in this ordinance may be further updated and revised during the temporary moratorium period, as provided for in Section 3.4 of this ordinance. a) Adult uses have an impact on the neighborhoods surrounding them, which is distinct from the impact caused by other commercial uses; b) Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult use establishments and/or sexually oriented businesses. 2.2 The City Council is also concerned that the City's zoning and licensing regulations may be inadequate as related to adult use establishments and/or sexually oriented businesses. 2.3 In addition to the proper zoning classifications of such uses there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a) The particular zoning districts in which such uses shall be allowed as permitted or conditional uses; b) The concentration and density of such uses in the City and its neighborhoods; and, c) The effect of such uses on other uses in the surrounding area. 2.4 There is a need for a study to be conducted so that the City, as part of its planning process, can adopt comprehensive land use and zoning regulations pertaining to adult use establishments and/or sexually oriented businesses. 2.5 Minnesota Statutes, Section 462.355, subd. 4, permits the adoption of interim zoning ordinances during the planning process. PLANNING AND ZONING STUDY; MORATORIUM. 3.1 A study is authorized to be conducted by the City to determine how adult use establishments and sexually oriented businesses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a) The proper legal definitions for adult use establishments and sexually oriented businesses; b) The particular zoning districts in which adult use establishments and/or sexually oriented businesses should potentially be allowed as permitted or conditional uses; c) The density and concentration of such uses; Ordinance No. 546 Page 2 of 3 d) The effect of such uses on other uses in the surrounding area; and, e) Any appropriate licensing requirements. 3.2 Upon completion of the study, the matter shall be considered by the Planning Commission for its review and recommendation to the City Council. 3.3 Pending completion of the study regarding adult use establishments and/or sexually oriented businesses, and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of any development and land -use approvals, including but not limited to preliminary plats, re -zonings, variances, conditional use permits, site plans, or licenses. date. 3.4 This ordinance will be effective for a period of twelve (12) months after its effective ENFORCEMENT. 4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. 4.2 The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. SEPARABILITY. 5.1 Every section, provision or part of this ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. This ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an ordinance this 6th day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATT IL:o - Lorri Smith, City Clerk Ordinance No. 546 Page 3 of 3 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2018 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY PROHIBITING ALL NEW ADULT USE ESTABLISHMENTS, PAWNSHOPS AND LICENSED FIREARM DEALER STORES; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS WHEREAS the City Council was presented with a report by City Staff of the regulations of other Cities with respect to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores (hereinafter the Studied Uses); and WHEREAS, the City’s current regulations do not adequately address Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and WHEREAS, the City Council finds that to protect the planning process and the health, safety and welfare of the public the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with Adult Use Establishments, Pawnshops and Firearm Dealer Stores. This study will include review of factual data relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; review of actions taken by other governmental entities relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and analysis of the options relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores available to the City to protect the planning process and the health, safety and welfare of the public; and WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores during the pendency of the study and the various public hearings preceding possible adoption amendments to the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. Findings and Intent. A.Adult Use Establishments. 1.The Minnesota State Attorney General prepared a report entitled “Report of the Attorney General’s Working Group on Regulation of Sexually Oriented Businesses,” dated June 6, 1989. The Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses, also called adult establishments. The Attorney General’s Report, based upon the above referenced studies and the testimony presented to it, concluded “that sexually oriented 2 businesses are associated with high crime rates and depression of property values.” In addition, the Attorney General’s Working Group “...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses.” The Report concluded that: a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. Neighborhoods located within proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult use increases; d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior. e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity of adult uses; h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store; i. The adverse impacts of adult uses are exacerbated when the uses are located near each other; and j. The presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood. 2. City Staff presented a report to the Council identifying the regulations adopted by eight cities in the Metropolitan Area. 3. All of the cities reviewed required a license for an Adult Use; most of the cities allow an Adult Use in commercial zones; some of the cities allow Adult Use in industrial zones or both commercial and industrial; and six of the eight have distance requirements. 3 4. The City Council finds that the characteristics of Eden Prairie are similar to those of the cities cited by the Report when considering the effects of adult uses; and 5. The City Council finds, based upon the Report and the studies cited therein, that adult uses will have adverse secondary effects upon certain pre-existing land uses within the City. B. Pawnshops. 1. City Staff prepared a report to the Council identifying the regulations adopted by the City with respect to Pawnshops. 2. City regulations require Pawnshops to have a license; make a record of each piece of property received; file with the police a daily report for certain items received; obtain a photograph of each person selling or pawning any property; and make records available for inspection by the police department. 3. Other communities in the area have similar regulations. In addition, other communities have adopted one or more of the following regulations: Pawnshops not allowed Pawnshops in residentially zoned area, Pawnshops not allowed on property with a liquor license, Pawnshops not allowed on a property with unpaid taxes; Pawnshops must be 750 feet from a daycare, residential property, church, school, playground, park, library, commercial recreation facility, adult business or second-hand store or consignment house. 4. State law does not allow Pawnshops within six (6) miles of a casino. 5. The Star Tribune reported in 2013 that in 2015, 260 police agencies using the Automated Property System recovered an estimated $1.2 million worth of goods. The Automated Property System is used a primary tool by which Pawnshops file reports with police. 6. The Eden Prairie Police find stolen property through the reports filed by Pawnshops. 7. The City Council finds, based on the above that Pawn Shop may have adverse secondary effects upon certain pre-existing land uses within the City. C. Licensed Firearm Dealer Stores. 1. City Staff prepared a report to the Council identifying the regulations adopted by the City with respect to Licensed Firearm Retail Stores. 2. The Minnesota State Legislature has preempted the authority of cities to regulate firearm, ammunition or their respective components. 3. The Minnesota State Legislature allows cities to regulate the location of businesses where firearms are sold by a licensed dealer. 4 4. City Code Section 9.40 regulates the discharge of firearms in the City. A permit is required to discharge a firearm in the City; the discharge of firearms is generally limited to certain areas within the City; and the City prohibits discharge of a firearm within 1,000 feet of a building or roadway. 5. The City may regulate the location of business where firearms are sold by a firearm dealer through the zoning ordinance, provided the ordinance is not unreasonable, discriminatory or arbitrary. 6. City Staff identified four communities with regulations of Licensed Firearms Dealer Stores. While most of the communities have no specific Licensed Firearm Dealer Stores zoning regulations, the cities studied either classified firearm sales as retail sales; or allowed the use only by a Conditional Use Permit in certain zones; or impose distance requirements from other uses. One community required a firearms retail store to be 300 feet from schools, churches, daycare, public library, and governmental buildings, 1000 feet from any other gun or ammunition sales or repair business or firearms related uses, and 100 feet from any residentially zoned properties. 7. The existing Licensed Firearms Dealers in the City draw many customers from a wide area outside of the City. 8. The City Council finds, based on the above that Licensed Firearm Dealer Stores may have adverse secondary effects upon certain pre-existing land uses within the City. D. Maps of Distance Requirements. 1. City staff report included maps that showed identified 500 foot and 1000-foot buffers from schools, daycares, churches, community centers, liquor stores, parks and residential. 2. The Council finds that more study is necessary to determine whether a buffer is appropriate from any of the uses identified in the study and if so the type of buffer that is appropriate and reasonable to protect the health, safety and welfare of the City and its residents. Section 2: Definitions A. Adult Use Establishments. Adult Use Establishments include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. 5 B. “Specified sexual activities” or “specified anatomical areas” includes any activity consisting of any of the following: 1. The term “nudity” means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola are covered. 2. The term “obscene performance” means a play, motion picture, dance, show, or other presentation, whether pictured, animated, or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conducts. 3. The term “obscenities” means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual, or excretory meaning. 4. The term “sado-masochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. 5. The term “sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 6. The term “sexual excitement” means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, of the sensual experience of humans engaging in or witnessing sexual conduct or nudity. C. Adult Uses-Accessory. A use, business, or establishment having ten percent (10%) or less of its stock in trade or floor area allocated to, or twenty percent (20%) or less of its gross receipts derived from adult movie rentals or adult magazine sales. D. Adult Uses-Principal. A use, business or establishment having more than ten percent (10%) of its stock in trade or floor area allocated to, or more than twenty percent (20%) of its gross receipts derived from adult movie rentals or adult magazine sales. E. Firearm Dealer The term “firearm dealer” means a person who is federally licensed to sell firearm. 6 F. Pawnshop and Pawnbroker. Pawnshop and Pawnbroker have the meaning set forth in City Code Section 5.71, Subd. 2. Section 3: Substantial Governmental Purpose The regulation, restriction, and prohibition of certain activities and development within City is necessary and appropriate to preserve the planning process, to prevent the adverse secondary effects, or potential effects, of adult uses, and to protect the public health, safety, and welfare pending the completion of the study and/or official controls process. Section 4. Authorization of Study. Pursuant to Minn. Stat. Section 462.355, Subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City for a period of one year (subject to exceptions as stated in Section 463.355) while the City is conducting studies, or has authorized studies to be conducted, or has scheduled a hearing to consider adoption or amendment of official contracts, including ordinances regulating, restricting or prohibiting any use of development within the City The City Council finds that to protect the planning process and the health, safety and welfare of the general public the City must conduct studies to determine what amendments to the City Code will be required to deal effectively Adult Uses Shops, Pawnshops and Licensed Firearm Dealers Stores. The studies will include review data relating to Adult Uses Shops, Pawnshops and Licensed Firearm Dealers Stores available to the City to protect the planning process and the health, safety and welfare of the general public. Pursuant to this Interim Ordinance and as authorized by separate Resolution the City Council determines to authorizes and conduct a study or studies to be conducted to determine what amendments to the City Code will be required to deal effectively with Adult Uses, Pawnshops and Licensed Firearm Dealer Stores. The study or studies will include review of factual data relating Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; review of actions taken by other governmental entities relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores; and analysis of the options relating to Adult Use Establishments, Pawnshops and Licensed Firearm Dealer Stores available to the City in order to protect the planning process and the health, safety and welfare of the general public. Upon completion of the study or studies, potential City Code amendments shall be reviewed by the City Council. Section 5: Interim Ordinance. Pending the completion of the above studies and the adoption of appropriate official controls, for a period of one year (subject to exceptions as state in Section 462.355) after the Effective Date of this Ordinance, there shall be no use, development or subdivision of property within the City relating to Adult Use Establishments, Pawnshops, and Licensed Firearm Dealer Stores; no application shall be accepted, processed or approved for use of property within the City for use as an Adult Use Shop, a Pawnshop, or a Licensed Firearm Dealer Store; no Adult Use Shop either Principal or Accessory, shall be established, developed, located or relocated, enlarged, expanded, or transferred pending completion of the study; no Pawnshops shall be established, developed, located or relocated, enlarged, expanded, or transferred pending completion of the Study; and no Firearm Dealer Stores shall be established, developed, located or relocated, enlarged, expanded, or transferred pending completion of the study. The Interim Ordinance shall apply to all property within the City. 7 Section 6. Exceptions . This moratorium shall not apply to Adult Use Establishments , Pawnshops and Licensed Firearm Dealer Stores established in the City as of the date of this Ordinance. Section 7: Enforcement The City may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 8: Term Unless earlier terminated by the City, this Ordinance shall be effective for 12 months from its effective date and may be further extended for such additional periods as the City deems appropriate and necessary, as allowed by State Statute. Section 9: Severability Every section, provision, sentence, or phrase of this Ordinance is separate from every other section, provision, sentence, or phrase of this Ordinance. If any section, provision, sentence, or phrase is adjudicated to be invalid by a court of competent jurisdiction, preempted by state or federal law, or otherwise held invalid, such judgment shall not invalidate any other section, provision, sentence, or phrase of this Ordinance. Section 10: Effective Date This Ordinance shall be in force and effect immediately upon its passage and approval and publication of a summary hereof. Section 11. Penalty Provisions City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation is hereby adopted in its entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12 th day of June, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council on the 12th day of June, 2018. ADOPTED by the City Council on June 12, 2018. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk Published in the Eden Prairie News on the ___ day of June, 2018. Zoning Ordinance City of Prior Lake 1111/p1 SECTION 1111 ADULT USES SUBSECTIONS 1111.100: Purpose, Intent and Findings 1111.200: Definitions 1111.300: Uses Permitted with Conditions 1111.100 PURPOSE, INTENT AND FINDINGS 1111.101 Purpose and Intent. In order to protect the City's community image, property values, public health, safety, welfare and business environment, the City has found it necessary to restrict which businesses may be located within the City, and to regulate certain businesses. Only those businesses with potential secondary impacts on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art. 1111.102 Findings. 1) The City of Prior Lake has reviewed a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses" dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota; the Olmsted County Planning Department "Adult Entertainment Report" dated March 2, 1988; and "A 40-acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually-oriented businesses. 2) The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group "...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually-oriented businesses adjacent to residential property." The report concludes that: a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. Residential neighborhoods located within close proximity to adult theaters, bookstores, and other sexually-oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. The adverse impacts which sexually-oriented businesses have on surrounding areas diminish as the distance from the sexually-oriented use increases; Zoning Ordinance City of Prior Lake 1111/p2 d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually-oriented uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually-oriented businesses. f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana, study established that professional real estate appraisers believe that a sexually-oriented business would have a negative effect on the value of both residential and commercial properties within a 1 to 3 block area of the use. 3) The Prior Lake City Council finds that characteristics of Prior Lake are similar to those of the cities cited by the Reports when considering the effects of sexually- oriented uses. Based on these Reports, the City Council finds that adult uses can cause or are associated with adverse secondary effects upon pre-existing land uses. In City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51, 106 S. Ct. 925, 931, 89 L.Ed.2d 29 (1986), the United States Supreme Court found that a city may rely on the experience of other cities to determine whether certain businesses have adverse secondary effects. In ILO Investments, Inc., 25 F3d 1413 (8th Cir. 1994), the Court found that it was permissible for the City of Rochester to rely on studies conducted in Indianapolis, St. Paul and Phoenix. 4) The Prior Lake City Council finds, based upon the Reports and studies cited therein, that sexually-oriented businesses may result in secondary effects upon certain pre-existing land uses within the City. 5) The Prior Lake City Council finds the risk of public health and safety problems can be significantly reduced by careful regulation of sexually-oriented businesses. 1111.200 DEFINITIONS. Sexually-Oriented Businesses. A sexually-oriented business is any business in which a sexually-oriented use comprises more than 5 percent of the floor area of the establishment in which it is located or which comprises more than 10 percent of the gross receipts of the entire business operation. Zoning Ordinance City of Prior Lake 1111/p3 Sexually-Oriented Use. A sexually-oriented use is any of the activities and businesses described below: Body Painting Studio. An establishment or business which provides the service of applying paints or other substance, whether transparent or non- transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas". Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, video tape or motion picture film if such building or portion of a building is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas". Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas". Companionship Establishment. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Health/Sport Club. A health/sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Hotel or Motel. A hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities" or "specified anatomical areas". Massage Parlor/Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Mini Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is Zoning Ordinance City of Prior Lake 1111/p4 distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing the sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers. Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image- producing devices are maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". Motion Picture Theater. A building or portion of a building with a capacity of more than 50 persons used for presenting material where such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observations by patrons therein. Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. Sauna. A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Steamroom/Bathhouse Facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steamroom/bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Specified Anatomical Area. Less than completely or opaquely covered human genitals, pubic region, buttocks, anus or female breast(s) below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified Sexual Activities. An act of any of all of the following: Zoning Ordinance City of Prior Lake 1111/p5 a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; or c. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or d. Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s); or e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or the physical restraint of any such persons; or 6) Erotic or lewd touching, fondling, or other sexual oriented contact with an animal by a human being; or 7) Human excretion, urination, masturbation, vaginal or anal irrigation. 1111.300 USES PERMITTED WITH CONDITIONAL USE PERMIT. Sexually-oriented businesses are Uses Permitted with Conditional Use Permit in the TC (Town Center), C-2 (General Business) and I-1 (Industrial) Use Districts, subject to the following conditions: 1) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed directly below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property line of two uses. The distance requirement applies to the following: property developed or zoned for residential uses; or property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution or other public recreational facility. 2) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another sexually-oriented business. 3) No owner, manager or employee may sell or display for sale any sexually- oriented materials except in original unopened packages. Zoning Ordinance City of Prior Lake 1111/p6 4) No owner, manager or employee of a sexually-oriented business shall have been convicted of a sex crime, as identified in Minnesota Statutes dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse. 5) No owner, manager or employee of a sexual-oriented business shall allow any sexual-oriented materials or entertainment to be used on any sign or window display. 6) No owner, manager or employee of a sexually-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Prior Lake, the laws of the State of Minnesota, or the United States of America. Nothing in this Ordinance shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors. 7) The owner, manager or employee shall assure that no person under the age of 18 enters the premises. 8) No owner, manager or employee shall allow any sexually-oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from the outside of the business. 9) No owner, manager or employee shall allow any person under the age of 18 to have access to sexually-oriented materials, whether by sight, purchase, touch or any other means. 10) Each business shall display a sign on its main entrance door which reads: "This business sells sexually-oriented material or entertainment. Persons under 18 years of age are prohibited from entering." The sign letters shall be a minimum of 2 inches high. 11) No business shall exceed 10,000 square feet in gross floor area. 12) No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. 13) Each live performer shall remain at all times a minimum distance of 10 feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least 2 feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. 14) No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are use solely for Zoning Ordinance City of Prior Lake 1111/p7 the running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices. 15) The use is subject to all other requirements of the Use District and of this ordinance. 16) The business and the owner must be licensed as per the licensing provisions of the City Code. 1111.301 Sexually-oriented businesses are Uses Permitted with Conditional Use Permits in the A (Agricultural) Use District, subject to the following conditions: 1) The use must be located on a separate lot having a minimum area of 40 acres and a minimum width of 500 feet. 2) No person shall operate a sexually oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 700 feet from any of the uses listed in the paragraphs directly below. Distances shall be measured by following a straight line, without regard to intervening structures or objects, between the closest points on the property lines of two uses. The distance requirement applies to the following: property developed or zoned for residential uses; or property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, nature center, religious institution, or other public recreational facility. 3) No person shall operate a sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another sexually-oriented business. 4) No owner, manager or employee of a sexually-oriented business shall have been convicted of a sex crime, as identified in Minnesota Statutes dealing with sexual assault, sexual conduct, harassment, obscenity, or domestic abuse. 5) No owner, manager or employee of a sexually-oriented business shall allow any sexually-oriented materials except in original unopened packages. 6) No owner, manager or employee of a sexually-oriented business shall allow any sexually-oriented materials or entertainment to be used on any sign or window display. 7) No owner, manager, or employee of a sexually-oriented business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Prior Lake, the laws of the State of Minnesota, or the United States of America. Nothing in this Ordinance shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors. Zoning Ordinance City of Prior Lake 1111/p8 8) The owner, manager or employee shall assure that no person under 18 years of age enters the premises. 9) No owner, manager or employee shall allow any sexually-oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from the outside of the business. 10) No owner, manager or employee shall allow any person under 18 years of age to have access to sexually-oriented materials, whether by sight, purchase, touch or any other means. 11) Each business shall display a sign on its main entrance door which reads: "This business sells sexually-oriented material or entertainment. Persons under 18 years of age are prohibited from entering." The sign letters shall be a minimum of 2 inches high. 12) No business shall exceed 10,000 square feet in gross floor area. 13) No patron, employee or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. 14) Each live performer shall remain at all times a minimum distance of 10 feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least 2 feet from the level of the floor on which the audience is located. No performer may solicit or accept any pay, tip, or other item from any member of the audience. 15) No business shall have any booths, stalls or partitions which separate any area from a general public room. The restrictions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are use solely for the running the business and no person other than the owner, manager and employees is allowed in the storage rooms or offices. 16) The use is subject to all other requirements of the Use District and of this ordinance. 17) The business and the owner must be licensed as required in the licensing provisions of the City Code. Zoning Ordinance City of Prior Lake 1111/p9 THIS PAGE INTENTIONALLY BLANK FOR FUTURE AMENDMENTS) This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp