HomeMy WebLinkAbout01-21-1999 Council Work Sessionk
2.
COUNCIL WORK SESSION
7:30 A.M., THURSDAY, JANUARY 21,1999
AGENDA
1. Ordinance amendment: LR-lC-1 district 50% density credit.
Ordinance amendment: Adult uses.
3.Identification of key policy issues to be clarified as the basis for the update
of the City's Comprehensive Plan.
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To:Mayor Jabbour and Council Members
Ron Moorse, City Administrator
Greg Gappa, Public Ser.Iccs Director
Liz Van Zomeren, Plamr r/Zoning Administrator
Paul Weinberger, Assistant Zoning Administrator
From:
Date:
Michael P. GafFron, Senior Planning Coordinator
January 13,1999
Subject: LR-lC-1 Density Credit
List of Exhibits
A - Section 10.26 LR-1 C-1 Zoning Standards
B - Section 10.25 LR-1C Zoning Standards
C - Comprehensive Plan Excerpts
D - LR-lC-1 Zoning Maps
E - Staff Memos and Exhibits of 5-8-98 and 11-6-98
Summary of Issue
The City Council adopted an interim moratorium in May 1998 temporarily suspending use of the
50% density credit in the LR-lC-1 zoning subdistrict. This moratorium was established because the
Council found that the existing LR-lC-1 language appeared to make granting of the 50% credit
'automatic' if the list of conditions is met. Council wanted to ensure it has complete discretion to
approve or deny the use of the credit, which meant language changes are likely needed.
Staff more recently has gotten the impression that Council may wish to simply eliminate the density
credit. Staff requests clear direction on whether to proceed with mere language revisions to establish
Council's authority to deny the credit; or to proceed to eliminate the 50% credit (and therefore
eliminate the LR-1 C-1 district). The current moratorium expires May 15,1999. We are anticipating
a .blic hearing on the proposed revision, in whatever form Council directs, at the February
Planning Commission meeting.
LR-1 C-1 History
The LR-1 C-1 subdistrict was created in 1975 as part of the general rezoning of the City. The
difference between the LR-IC Single Family Lakeshore Residential District (1/2 acre minimum, i.e.
2 units per acre) and th.; LR-lC-1 Subdistrict, is the LR-lC-1 allowance for a 50% density credit,
i.e. up to 3 units per acre. To get the credit, development must proceed as a Planned Residential
Development (PRD), and all units must be attached (groups of 2,3 or 4 units) in order to gain the
LR-lC-1 Density Credit
January 13,1999
Page 2
credit. Additional requirements must be met regarding sanitary sewer, hardcover, building size and
location, vehicle ingress and egress, parking, and overall density.
There were likely two specific reasons to create the LR-lC-1 subdistrict in 1975;
1. The LR-lC-1 would provide a location in the City for somewhat higher density
housing than the 1/2 acre residential district allowed, and allow such housing to be attached
for efficient and cost-effective use of the land. This was perhaps Orono's first foray into
zoning for affordable or multi-family housing (the M-6 district was not created until June
1976).
2. A majority of the properties rezoned to LR-lC-1 in 1975 were zoned B-1
(Commercial Business), B-2 (Lakeshore Commercial), or I (Industrial) prior to the rezoning,
and the density credit was likely a concession to the property owners for what would have
been perceived at the time as a 'downzoning'.
The properties zoned LR-1 C-1 upon adoption of the 1975 zoning code are depicted in Exhibit D and
included the following:
The Navarre theatre property.
All land west of the Navarre theatre between County Road 15 and the railroad tracks
to the city border, except the Hennepin County truck station site.
Approximately 5 acres at the southeast comer of Carman Street and County Road 15,
north of the lagoon.
The area east of Lakeside Marina on North Shore Drive to the east boundary of north
Shore Marina (included North Shore Marina).
In November 1976 the B-5 Limited Neighborhood Business District was created and the LR-lC-1
parcels between County Road 15 and the tmek station property were rezoned to B-5. In 1984, North
Shore Marina was rezoned back to B-2 Lakeshore Business. As a result of these two revisions, the
remaining properties within the LR-lC-1 today include:
The 9-acre plat of 'Navarro' on the old Navarre Theatre site (24 twinhomes).
The 10-acre Tonka Ventures PRD site
The 2.25 acre Sohns property and the 2.2 acre Larson property
The 5 acres at Carman Street and County Road 15 containing 4 single family homes;
the east half of this area is attached to the developed single family properties south
of the lagoon
The 3 acres between the marinas on North Shore Drive containing 4 existing homes,
with a single family residence and a duplex expected to be built in 1999.
LR-lC-1 Density Credit
January 13,1999
Page 3
Impact of Various Credits on LR-lC-1 Density
The LR-lC-1 density credit simply allows "a 50% increase in dwelling unit density over the LR-IC
District". The LR-IC District requires a minimum lot size of 1/2 acre, which translates to a
maximum dwelling unit density of 2 units per acre. A 50% increase in density ;;ields 3 units per
acre. This credit is the sole basis for the LR-lC-1 District.
In 1998 Council eliminated the wetland density credit, which had allowed wetlands in sewered zones
to be credited as dry buildable land for meeting density standards. This revision Lame too late to
apply to the Tonka Ventures site; it might impact the Sohns site future development capability as
well as future development at the Carman/15 site, but likely has no impact on other LR-lC-1
properties.
Prior to elimination of the wetland credit, a 10-acre LR-lC-1 site that contained a 3-acre wetland,
would have been allowed up to 30 units via a PRD using both the wetland credit and the 50% density
credit. Eliminating the wetland credit reduced the potential number of units to 21; additionally
eliminating the density credit would reduce the potential to 14 units via a PRD, or perhaps only 11
or 12 units under a standard plat where roadway credit is not allowed.
Housing Impacts
The LR-lC-i 50% density credit is one of the few mechanisms Orono has in place to provide for
housing diversity, i.e. a range of housing types and values to serve a broad range of lifestyles and
income levels. One of the keys to housing diversity is higher density, which reduces the ptr-urit
costs of land and infrastructure (roads, sewer and water lines, etc.). While Orono considers its 1/2-
acre zones as 'high density', the development community and the Metropolitan Council would
consider 2 units per acre as medium or low density, with high density being in the range of 6-10 or
more units per acre.
Elimination of the LR-lC-1 50% density credit would effectively revert the LR-iC-1 back to its
standard LR-IC status. Such a move would leave Orono with just the M-6 Multiple Family Planned
Residential District as a location for housing densities of more than 2 units per acre. Although ih?
M-6 standards (which allow 6-7 units per acrel were pul into p lace in 1976. no property in Qrono
has ever been rezoned to M-6.
The City is mandated as part of its Comprehensive Plan update process, to address "affordable and
life-cycle housing". Affordable housing is housing affordable to persons meeting certain income
guidelines: for 1998, this was a ma,ximum home value of $128,000 or a amximum rent of $760.
These values are established annually by HUD. Life-cycle housing is th? variety of types of housing
that serves the needs of people at different stages in life.
LP-lC-1 Density Credit
January 13,1999
Page 4
The City has acknowledged, and developers have confmned, that development of affordable housing
in Orono is extremely difficult due to the high cost of land. Existing affordable housing options in
Orono are limited to single family dwellings and a small number of duplexes and twinhomes. There
are no apartment buildings or multi-unit townhomes in Orono. The City has established that
multiple family dwellings will be suitable at certain locations within the Highway 12 corridor as
defined in Orono Comprehensive Plan Amendment No. 2 in 1987-88. Such housing, even under
M-6 zoning standards, will likely have a difficult time meeting affordability standards due to land
and infrastructure costs.
The properties currently within the LR-lC-1 zones have relatively high values due in part to their
proximity to Lake Miimetonka. It is unlikely that these properties could be developed to create
affordable housing even with the 50% density credit.
IJfe-cvcle housiny is certainly a viable use of the LR-1C-1 district, and its viability may be enhanced
by use of the 50% density credit. Young families typically require apartments or low-cost single
family homes or townhomes. Maturing families typically aspire to quality single family housing.
Empty-nesters often look for low-maintenance housmg such as townhomes. Seniors may ultimately
require community-type housing where a wide range of care services can be efficiently provided.
Orono does not currently provide such an all-encompassing range of housing. The ability to use the
LR-1 C-1 50% density credit may provide a developer the necessary financial incentive to create
some type of life-cycle housing that the City would welcome.
Staff Recommendation
Affordable housing opportunities are not likely in the existing LR-1 C-1 zones even with the 50%
density credit. However, total elimination of the 50% density credit would seem to be a step
backward in terms of providing for future life-cycle housing options. Rather than eliminating the
credit, staff would recommend that the City revise its LR-1 C-1 zoning language to give Council
complete discretion as to whether the credit will be granted.
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SBC. 10.26.
SUBOISTRICTS.
LR-lC-1 ONE FAMILY LAKESHORE RESIDENTIAL
Subd. 1. Lakeshore Set Back, Hard Cover and Tree Removal
Regulations. (See Section 10.22).
Uses.
Subd. 2. Permitted Uses, Conditional Uses, and Accessory
A. Any use as regulated in the "LR-IC" District.
Subd. 3. Additional Permitted Use. Within any "LR-lC-1"
One Family Lakeshore Residential Subdistrict a credit allowing a
50% increase in dwelling unit density over the "LR-lC District may
be obtained providing all conditions below are complied with:
A. All provisions o£ Section 10.32 Planned
Residential Development are complied with;
B. Public sanitary sewer is available;
C. All dwelling units must be attached but not more
than four dwelling units to any one structure with a maximum height
of thirty 30 feet;
D. Parcels of land lying beyond 100 feet from any
shoreline shall not have more than 35% of the land area to be
developed made impervious by buildings, blacktop, or other forms of
hard cover;
E. Building size and location meet Council
approval;
F. Vehicle ingress and egress meet Council
approval;
G. A minimum of two parking spaces are provided for
each dwelling unit, one of the parking spaces shall be enclosed and
attached to the principal structure it serves;
H. Density provisions under Section 10.60 are not
exceeded.
Subd. 4. Area, Height, Lot Width and Yard Requirements
(See Section 10.25, Subdivision 6).
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SBC. 10.25. LR-IC ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT.
Subd. 1. Purpose. The "LR-lC” One Family Lakeshore
Residential District is intended to provide a district which will
allow a combination of medium density residential development and
limited agricultural activity. Planned residential developments
may be allowed by conditional use permits. The proposed land use
may not endanger the quality of storm water runoff into Lake
Minnetonka. Because of the location of the district near Lake
Minnetonka, special regulations are necessary to protect that
natural resource from the effects of intense development. The
district shall have immediate access to highways and public
sanitary sewer.
Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal
Regulations. (See Section 10.22).
Subd. 3. Permitted Uses. Within the "LR-lC" One Tamily
Lakeshore Residential District, no land or structure shall be used
except for one or more of the following uses:
A, Any permitted use as regulated in the "R-IA"
District.
Subd. 4. Conditional Uses. Within any ”LR-1C" One
PamiJ- Lakeshore Residential District, no structure or land shall
be Uk * for the following uses except by conditional use permit:
A. Any conditional use as regulated in the "R-IA"
District except that a Planned Residential Development shall not be
limited to detached sihgie family dwellings only.
Within any "LR-lC” One Family
the following uses shall beSubd. 5. Accessory Uses.
Lakeshore Residential District,
permitted' accessory uses;
A. Any accessory use as regulated in the "R-IA"
District any 'private docks' subject to the City Code and other
applicable regulations, including boat storage density regulations.
Subd. 6. Area, Height, Lot Width and Yard Requirements.
A, Height. No structure or building shall exceed
2-1/2 stories or thirty feet in height except as provided in
Section 10.75.
be observed:
B. Lots, The following minimum requirements shall
Lot
Area
Lot
Width
Front
Yard
Side
Yard
Rear
Yard
Side Yard
Adjacent to
Street
1/2 acre 100 feet 30 feet 10 feet 30 feet 15 feet
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CITY OF ORONO
COMMUNITY MANAGEMENT PLAN
PART II CHAPTER 5
HOUSING IMPROVEMENT PLAN
TNTRQDUCTIOM
^ and local concern is for
An increasing priority of nations , ^ j affordable housing for all
the provision of tr?Si gullity of life of all people yet
:t^‘“«;on“.r;«iic^iariy ‘^°»nri"sur.ta:ra:rrout;:r:r".r:^rnted
:s:ru.t: ch::ce^rrou;inrtyne or 11*^^^
^i^ri: ::v.ri ir?:rtrco:rpi^/oJ/:re-^
housing that meets their nee s . increasing need for neighbor
the area's housing is aging, *"VhT?!ti^on hood preservation and housing rehabilitation.
The Metropolitan Council has identified three major housing problem,
that exist in the Metropolitan Area:
a a •t.nn'v of lower cost housing in good1. There Is an irivdeg'^ate *“PP‘y inadequately housed.
condition and large consists of winterized summer
Much of Orono's housing stock 1900• s.
cottages or farmhouses dating to th y
2. LOW and moderate income housing^is^l^^^ tS^Me^ropoli^in^^"
the two also'true for Orono and other lake area
iLe substantial neighborhoods of older homes in
need of repair or upgrading.
3. Middle income Pe»o»» r:iih:s!“ihf ^ap"S'-.« t^e^ri^^r
suitable to their needs a a*.o«diiv widening* with ever greater
housing and incomes *he housing market. The result is
numbers of people priced -.-nv i* faced increasingly with
rurst:rtJardifi?ci!tir.Tn \TAiU affordable housing which is
suitable to its needs.
CMP 5-1
mJ • I T’.WUK*^ I a. VTL4U.:hB
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HOUSlNil
JUNE, 1980
This Housing Plsn is sn inalestlon of th. ongoing policies =
:fSsro Uliasnts Cow.ra solving our o«n ho«
i* ?hr!t?ro»n:"viri:^:‘c“prehen^rve"cuiae llan ena is prsp.rea sna
presented for the following purposes;
1 THE HOUSING IMPROVEMENT PLAN IS INTENDED TO PROVIDE A REVIEW °^°NO’S
i^herhor^^^t"L”r.t-
iilsrin^ rorsin’g :trtntrcs!"onrruicK??: "rnllxes th.t Orono is not
a typical "new" suburb of middle income mono ony.
' • HL'^iK.!y''ssys.*^.,^‘jg‘g^Ss‘fArs;ss’T .ass
housing.
3. THE HOUSING IMPROVEMENT PLAN IS THE HOUSING ELEMENT OF
MANAGEMENT PLAN, DESIGNED TO ADVISE THE METROPOLITAN COUNCIL OF OUR
those needs.
SCOPE
THE TIME PBAMEWORK OP THE «0«S1NG IMPROV^NT PL^ IS INT^^
-i^!i‘:hr-ortrt”ortSrr.iiri:iiern:ra::i p^i^
Or:rUJ:nr“f:r'”“r;.nint‘r.i‘nt:n;n«*of°th. ‘JV jrs*\nr
?nrcom»unlty. iLrefor., this Plsn incluSe. J°;i’;.rii'i“;„rrur.l program, for aaar.ssing the aifferent ne.a. of both the urban
areas of Orono.
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CMP 5-2
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HOUSING JUNE, 1980
ORONO'S LAND USE PLANS AND PROGRAMS ALLOW NEW URBAN AND RURAL DEVELOPMENTS
TO PROVIDE COMPARABLE COST HOUSING OPPORTUNITIES.
Orono has never had regulations requiring arbitrary mlnlmun square footage
In homes. Orono has never required such cost Increasers as garages, paved
driveways or mandatory landscaping. Any structure which conforms to State
Building Code safety requirements can be built on any residential lot In
the City.
In addition, Orono has had long experience with rural residential
development including a full six years of requiring at least 2.0 acres
of dry bulldable land for each rural dwelling. From this experience,
Orono has found that housing built on rural lots of 2 acres per dwelling
can be and Is comparably priced with housing built on typical 10,000
square foot suburban lots. The difference Is on of lifestyle and
necessary public Improvement investment.
The typical suburban lot requires massive amounts of Investment for
Improvements necessary to allow urban density. Including sanitary
sewers, municipal water, storm sewers, paved streets, street lights,
large-scale earth moving and landscaping or erosion control measures.
Indirect costs include park development fees, and Increasing taxation
to pay for schools, police, fire and general governmental expansion.
Development time often exceeds a year or two from concept to reality.
All these costs, plus large, long-term carrying charges, are built into
the cost of each urban home.
On the other hand, rural development as practiced in Orono is relatively
quick and inexpensive. Small rural subdivisions have b«en completed
within 90 days. Each rural lot Is subject to extensive site and soil
evaluation to ensure adequate, permanent on-site septic system operation.
But, the Installation of on-slte septic systems and individual wells
costs considerably less per unit than municipal sewer or water systems.
There is no extensive land alteration and no storm sewer necessary. All
access is via the existing street system or by new roads privately owned
and maintained by the landowner. Road construction Is less expensive,
because of the limited use rural sections need not be built to urban
design standards. Municipal tax levels remain the same because the
development density can be accommodated within the means of the existing
public services and facilities. Thus Orono*s two acre lots provide a
vastly different lifestyle for the same market price as other city's
10,000 square foot urban neighborhoods.
CMP 5-6
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HOUSING JUNE, 1980
SUMMARY OF EXISTING HOUSING STATISTICS
The following sections provide a brief suamary of the housing types,
occupancy tenure, structural condition and price range of housing in
Orono. More detailed information on each subject is provided in the
CMP Appendix.
HOUSING TYPES
SINGLE FAMILY UNITS
MULTI-FAMILY UNITS
2,356
74
97%
3%
TOTAL NUMBER OF DWELLINGS 2,430 : 1,450 urban; 980 rural
By far, the predominant housing type in Orono is single-family detached
dwellings. This is true of both the urban and the rural areas of the
City. The number of multi-family structures has remained small with
moat of these units located in the Navarre Area. The small amount of
multi-family development is traceable to a lack of undeveloped urban
land, to a lack of available transportation or significant shopping
facilities, and to the availability of numerous apartments in nearby
Mound, Spring Park, Hayzata and Excelsior.
HOUSING TENURE
OWNER OCCUPIED 1,920 79%
RENTER OCCUPIED 316 13%
SEASONAL OR VACANT 194 8%
TOTAL NUMBER OF DWELLINGS 2,430
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A -omparison between housing types and housing tenure reveals that a
relatively large number of single family dwellings are rental units
and that the total number of rental properties far exceeds the number
of multiple family dwelling units. The high percentage of seasonal
units reflects the lake-cottage heritage. While many old cottages have
been converted to rental or year-round dwellings in the past, there
remain a significant number of cottages on the islands which will likely
not be converted in the future.
CMP 5-7
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HOUSING JUNE, 1980
HOUSING CONDITION
GOOD 2,206 90%
FAIR 173 7%
DETERIORATED 41 2%
DILAPIDATED 10 .4%
TOTAL NUMBER OF DWELLINGS 2,430
In order to determine the condition of Orono's existing housing stock,
a windshield survey was undertaken in October, 1978, To accomplish this
task, recognized guidelines were used to rate each unit surveyed by
exterior structural condition, with the housing units being rated as
Good, Fair, Deteriorated or Dilapidated.
The results of this windshield survey indicates that a very high pro
portion of the housing stock in the City is in good condition by exterior
appearance. Most of the deteriorated or dilapidated structures are
located in the older areas of Navarre or in some of the rural housing
clusters as identified in the CSPP. Others are isolated houses which
have not been maintained or occupied in many years. It was alos noted
during the windshield survey that several of the deteriorated housing
units are either in the process of or have already undergone certain
amounts of rehabilitation.
COST AND RENTAL PRICE RANGES OF HOUSING IW ORONO.
A majority of metropolitan communities have experienced a rapid increase
in existing housing value and new housing costs. For example, in 1970,
approximately 67% of owner occupied housing units in the metropolitan area
were valued at less than $3£‘,Q00. In contrast, only 31% of the housing
units were valued less than $35,000 in 1977. Furthermore, nearly 50%
of the 1977 owner-occupied homes were valued at $50,000 or over.
An analysis was undertaken in Orono as part of this planning program to
attempt to determine the cost and value of housing in Orono. To accomplish
this task. Certificates of Real Estate value from 1977 to 1978 were examined
to gauge existing housing value. The Certificates of Real Estate Value
required by the Minnesota Department of Revenue indicates the total
purchase price of buildings and property transactions. It was found that
approximately 31% of existing residences (buildings and land) were
purchased in 1978 for under $50,000. However, it was also found that
approximately the same amount of residences (25%) were valued in excess
of $100,000. Approximately 37.5% of the total number of housing purchased
in 1978 were valued between $50,000 and $80,000.
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CMP 5-8
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HOUSING JUNE, 1980
Building permit records were also examined to estimate the cost of new
housing in Orono. The limitations involved using this data source are
that land cost is not included. Building permit data was collected and
analyzed on an annual basis from 1975 to October 1978. It was found
that new housing cost listed at $50,000 or less had decreased significantly
since 1975. In 1975, nearly 70% of new housing cost was listed between
$20,000 and $50,000. This figure decreased to 26% in 1978. The number
of houses listed between $50,000 and $80,000 has remained relatively
steady between 1975 and 1978 although yearly fluctuations occur.
LOW AND MODERATE INCOME HOUSING
In 1970, approximately 17.6 percent of Orono*s total housing
stock was in the price range affordable to low and moderate
income persons as defined by the Metropolitan Council and using
federal guidelines. This included homes valued at under $15,000
and units renting for less than $150 per month in 1970 dollars.
This compares to an average of 33% on a metropolitan basis.
However, it should be noted that a relatively small portion of
Orono is urbanized or is provided with such urban services as
municipal sewer and water systems.
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MODEST COST HOUSING
Modest cost housing Includes private market-rate housing that
is affordable to middle income persons. In 1975 dollars, nodest
cost housing includes privately owned units costing between
$20,000 and $40,000 and apartments renting from $260 to $440
per month. In 1970, approximately 30.2% of Orono's single
family homes and 19% of its rental units were in the modest cost
range.
SUBSIDIZED HOUSING UNITS
At the present time, the City of Orono does not contain any units
of subsidized housing. This is due in part to the lack of, or
limited shopping and employment opportunities, public transportation,
medical facilities and limited extent of other community services
such as municipal sewer and water systems;
CMP 5-9
HaUSING JUNE, 1980
METROPOLITAN HOUSING SUBSIDY ALLOCATION
The Metropolitan Council has adopted a Subsidized Housing Allocation Plan
to help achieve the goal of increasing locational choice for low and
moderate income households throughout the area. To accomplish this, the
Council has determined priority areas to assist in the distribution of
allocated units. Orono, due to its level of services and facilities
has been designated a third priority community and based upon this,
has been allocated a modest amount of subsidized units.
On February 28, 1980, the Metropolitan Council adopted a new allocation
procedure for subsidized housing unite for the period J980 - 1983.
The formula has changed whereby a dollar amount for different subsidized
housing programs has been allocated to each communi^-y. These allocations
were made on the basis of total census population and projected population
growth. No adjustment was made in consideration of Orono's limited urban
area or limited urban service capability.
The following table indicates the dollar amounts allocated to Orono along
with the preferred usage for those funds as determined by the Metropolitan
Council, and as revised by Orono to reflect only our urban population
percentage: only 58% of Orono*s population and 59% of Orono*s households
are located within the Urban Service Area.
HOUSEHOLD TYPE ALLOCATION
FAMILY
Fair Shar« Parcent
Dollar Fair Shara
Pottlbla Units New Construction
Possible Units Existing Housing
LARGE FAMILY
Fair Share Percent
Dollar Fair Share
Possible Units New Construction
Possible Units Existing Housing
ELDERLY
Fair Share Percent
KETl^POLITAN COUNCIL
ALLOCATION
CITY OF ORONO
URBAN NEED ASSESSMENT
28,882
7
8
.24
16,7S2
4
5
.14
6,250
1
2
.26
3,625
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.37
Dollar Fair Share 35,517 20,600Possible Units New Construction 8 5
Possible Units Existing Housing 11 6
TOTAL UNITS*- New Construction 16 10- Existing Housing 21 12
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*Notes New and existing units are not additive - formula assumes dollars will be
spent on one or the other, but not both.
HOUSING TENURE ALLOCATION
Need for Renters
Need for Owners
631
37%
10%
90%
SUSSIpItED HOUSING PROGRAM MIX ALLOCATION
Existing Construction
Substantial Rehabilitation
New Construction
10%
18%
72%
5%
90%
5%
Sourest Hetropclltan Council Housing Asiendsientsi February, 1910
City of Oi^no planning and assistance prograsis
CMP 5-10
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HOUSING JUNE, 1980
ORONO'S LOCAL NEEDS ASSESSMENT PROGRAM HAS IDENTIFIED A STRONG NEED FOR
ELDERLY ASSISTANCE AND A STRONG NEED FOR SUBSTANTIAL HOUSING REHABILITATION.
In many cases, this is the identical need which has been generated by the
major development surge that occurred in Orono between 1946 and 1955.
These post war years were when most of our population increase occurred
as returning servicemen purchased former seasonal lake cottages and
turned them into year-round residences. They raised families and stayed
in their home. These people are now retired and on fixed incomes. They
are often widows or widowers without ready resources. This phenomenon
also accounts for Orono's relatively low persons per household figure
as used in the CSPP.
These long term Orono residents are living in substandard conditions
by todays standards. They need help or they will be forced from their
homes with no where to go. Thus, Orono has identified our greatest
need as housing rehabilitation for elderly homeowners and for alternative
elderly housing accommodations in the immediate lake area.
HOUSING IMPROVEMENT GOALS AND POLICIES
Orono's Housing Improvement Plan is based upon the following Goals
and Policies which are designed to be consistent with our regional
housing responsibilities and with the Goals, Policies and Plans of the
other elements of the Community Management Plan.
—' HOUSING IMPROVEMENT GOALS
1. TO IMPROVE THE HOUSING CONDITIONS OF PERSONS RESIDING IN SUBSTANDARD
HOUSING.
2.
3.
TO PROVIDE SAFE, HEALTHFUL, AND BLIGHT-FREE RESIDENCES AND NEIGHBORHOODS.
TO PROVIDE OPPORTUNITIES FOR A MIX OF HOUSING TYPES, LOCATIONS, AND
COST RANGES WHICH WILL MEET THE NEEDS AND PROVIDE ADEQUATE HOUSING
FOR ALL AGE AND FAMILY GROUPS.
TO PROVIDE HOUSING TYPES AND RESIDENTIAL DENSITIES CONSISTENT WITH
ENVIRONMENTAL AND LAND USE PLANS AND WITH THE AVAILABILITY OF PUBLIC
SERVICES AND FACILITIES.
5.TO PROVIDE IMMEDIATELY BENEFICIAL HOUSING PROGRAMS FOR THE GREATEST
NUMBER OF NEEDY ORONO RESIDENTS.
CMP 5-11
HOUSING JUNE, 1980
URBAN HOUSING POLICIES
1.
2.
3.
4.
THE RESIDENTIAL AREAS OF URBAN ORONO ARE PRIMARILY SUITABLE FOR
SINGLE FAMILY HOMES. Because of historic development
patterns, most of Orono's urbanized neighborhoods are
located along the Lake Minnetonka shoreline, or within
1,000 feet of the shoreline. These lands are environ
mentally sensitive to overuse or over development such
as typically occurs with large scale developments.
Low density residential land use is compatible with
Orono's environmental policies of limited hardcover
and maximum retention of natural open space and
vegetation.
ALTERNATIVE HOUSING TYPES WILL BE PROVIDED BY PLANNED RESIDENTIAL
DEVELOPMENTS. A limited amount of land is available
within the Urban Service Area for planned developments
of attached townhomes, garden type apartments or mixed
residential and limited commercial land uses. These
housing clusters or multiple family developments will
be acceptable only where full urban services are avail
able and only where the proposed density is compatible
with the neighborhood and with local environmental
constraints. Multiple family developments generally
will not be considered appropriate for lands within
1,000 feet of Lake Minnetonka nor for areas such as
Navarre that have limited transportation access to
outside employment or shopping facilities.
URBAN DENSITY RESIDENTIAL DEVELOPMENT MUST OCCUR WITHIN THE EXISTING
URBAN SERVICE AREA. Orono's Community Management
Plan is not a staged growth plan. The Urban Service
Area will not be expanded into the rural area and urban
services and facilities will not be extended into the
rural area for purposes of fostering or allowing
increased development in those areas.
URBAN DENSITY RESIDENTIAL DEVELOPMENT WILL UTILIZE THE CAPACITY OF
EXISTING PUBLIC SERVICES AND FACILITIES. New
residential development will be allowed to infill
existing vacant properties within the Urban
Service Area consistent with environmental limitations
and with the existing capacities of water, sewer,
drainage, transportation and recreational facilities.
New development will not be permitted to overburden
these services at the expense of the existing users.
New urban development will not be permitted if it
requires additional unplanned local or regional
facilities capacity.
CMP 5-12
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HOUSING JUNE, 1980
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5. THE CITY WILL PROMOTE SCATTERED SITE DEVELOPMENT AS OPPOSED TO LARGE
SCALE TRACT DEVELOPMENT. Scattered site development
has less impact on the existing neighborhoods or
on the existing public facilities capacities than
does a concentration of development at one location.
In addition, most of Orono's urban neighborhoods
are a homogenous mix of newer and older homes
intermingled with an occasional vacant lot or a
larger, divisible lot. There is no single neighborhood
which is in need of complete renewal or rehabilitation.
Therefore, there is no need for nor any economical way
of assembling a large tract of property for single
project development.
6. THE CITY WILL PROMOTE REHABILITATION OF EXISTING OLDER OR SUBSTANDARD
HOMES. Whereas there is no identifiable block
of deteriorated housing in the City, there are
a substantial number of older homes or converted
cottages that are in need of repair, energy
conservation measures, or major rehabilitation.
In many cases, these homes are occupied by low
income or fixed Income persons who cannot under
take the needed work within their meaiiS. The
City will promote private and subsidized public
rehabilitation efforts to improve the existing
housing stock, to improve and maintain the
neighborhoods, and most importantly to Improve
the living conditions of the affected citizens.
7. THE CITY WILL PROMOTE DEVELOPMENT OR REHABILITATION THAT IS COMPATIBLE
WITH THE EXISTING NEIGHBORHOOD. The City will
encourage all homeowners and developers to be
conscious of the neighborhood, the site and the
environment in the design and improvement of
residential properties. The City will encourage,
and in many cases, require the retention of woods
and vegetation, open spaces, light, air and scenic
views. No new development will be permitted to
conflict with or to adversely affect the established
neighborhood character.
8. THE CITY WILL PROMOTE SUBSIDIZED REHABILITATION THAT BENEFITS THE
EXISTING, OFTEN LONG TERM, ORONO RESIDENT. Our
citizens are Orono's greatest asset. As they
grow older, we should not turn them out of their
homes, but rather we should help them provide
safe and comfortable living conditions in their
existing neighborhood.
CMP 5-13
HOUSING JUNE, 1980
RURAL HOUSING POLICIES
1.HOUSING IN RURAL ORONO WILL BE LIMITED TO SINGLE FAMILY HOMES AT
ESTABLISHED RURAL DENSITIES. Orono's Land Use
Plan for an ultimate rural density of one dwelling
per seven acres on minimum lot sizes of 2 to 5
dry-buildable acres each. This density is consistent
with the City’s environmental protection commitment
and is consistent with the overall Goal of preserving
the historic rural character of the area. Because of
this preferred use, and because there is no provision
for any municipal sewer, water or other urban services,
multi-family development or any densely clustered
residential development will not be appropriate for
rural Orono.
2.THE CITY WILL PROMOTE REHABILITATION OF EXISTING OLDER OR SUBSTANDARD
RURAL HOMES. Rural Orono contains a significant
number of older homes, which also require repair,
energy conservation measures or major rehabilitation.
These rural owners also require the same type of
assistance often reserved for urban areas. Therefore,
the City will promote private and subsidized public
rehabilitation efforts in both urban and rural housing
Improvements programs.
HOUSING IMPRQVgMENT PLAN
Orono's Housing Improvement Plan is a set of implementatior policies
designed to achieve the above stated Housing Goals and Planning Policies.
As has been indicated, the dominant land use in the City of Orono is
primarily that of single-family residential homes. There is very limited
industrial-commercial development or opportunities for employment and
shopping within the City. Orono residents have always relied on the
historic town centers in adjacent communities for shopping as well as
employment. The general lack of commercial and industrial development
and the limited availability of city services such as municipal sewer,
water and mass transit will limit the opportunities for, and make it
difficult, if possible at all, to provide opportunities for new subsidized
housing developments anywhere in Orono. On the other hand, there are
deteriorated and dilapidated housing units located throughout the Cxty.
Most of Orono's urban dwellings have been upgraded from seasonal cabins
through either private or public rehabilitation programs. Other remain
in need of attention.
CMP 5-14
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HOUSING JUNE, 1980
As stated in the Metropolitan Council's Development Framework Guide,
“Improving the housing conditions of persons who are presently inadequately
housed and eliminating substandard housing must be a top concern”. Thus,
rather than pursuing construction of new subsidized housing units in the
City, Orono's Housing Improvement Plan is aimed principally at improving
the condition of Orono's older homes, both urban and rural, and improving
the housing conditions of Orono's many low, moderate and fixed income
residents.
1.
2.
3.
4.
ORONO WILL ENCOURAGE COMMUNITY PRIDE. Private initiative has always
been a characterstic of Orono residents. Programs will be pursued
to encourage continuing maintenance and upkeep of all properties and
to promote the privately financed rehabilitation of older and under
used properties.
ORONO WILL PARTICIPATE IN HOUSING REHABILITATION SUBSIDY PROGRAMS.
Many Orono residents, both urban and rural, are occupying older
housing that has code-related structural, safety or health hazards,
substandard living conditions or energy Inefficiencies. They would
like to improve their housing condition and their neighborhood's
appearance, but are unable to because of Insufficient Income. In
many cases, older couples are forced to choose between heat or food
or leaving their place of long residence. Orono will continue to
actively participate in Community Development Block Grant and
Minnesota Housing Finance Assistance programs designed to help these
citizens meet their very immediate housing needs.
ORONO WILL PROMOTE ENERGY CONSERVATION METHODS AND PROCEDURES. The
Building Inspection Department will actively keep abreast of all new
systems and products and will assist all homeowners in auditing and
improving the energy efficiency of their homes. Orono will actively
pursue and advertise all available programs for energy conservation
funding.
ORONO WILL SUBSIDIZE LAND COSTS FOR CERTAIN NEW LOW AND MODERATE
INCOME HOUSING OPPORTUNITIES. Zoning variances will be granted
whenever reasonable to allow use of existing urban lots for new
moderate income housing. Tax-forfeited lots will be purchased for
resale at cost to provide minimal cost property for the construction
of low and moderately priced housing.
CMP 5-15
I
HaUSlNG
JUNE, 1980
S“c.s“«>ssf r;s:.:;.f=.r“
a reasonable num orono will participate and assist developers
;,u e -
subsidy aids which may be avaiiaoxe. 4diiaiiv
iTnl tor extensive new development and
Dursue new construction subsidy programs. In addition, Orono is
ohilosophically opposed to regressive subsidy programs that place
excessive burdLs or debts on future taxpayers. Therefore, Orono
S^rSe Ltremely reluctant to participate in long term or open-
ended programs such as HOD Section 8.
fi ORONO WILL COOPERATE WITH NEIGHBORING CITIES TO FULFILL AREA-WI'E
toS«d ‘jii“lJ^piEovidinrcost^et*«=^ housin9
^h.t are near to horn, yet also convenient to necessary shopping,
transportation and medical facilities.
V unilCTHr CONSTRUCTION WILL BE SUBJECT TO UNIFORM STATE BUILDING CODE
• SSoui^S BOT W?L NOT BE BURDENED WITH UNNECESSARY ZONING
S mimS s orono does not Intend to require arbitrary minimum
occupant and for the general public's welfare.
CMP 5-16
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L O
JS/io,^Qi»'s
K
r^
B-6
I
•'iQnned Urban 0-svelopme nt
Industrial District
Adopted by Ordinance 17?, December 19, '
Effective January 1, 19,
As amended by:
Ordinance 185, June 14, 1976
Ordinance 189, November 22, 1976
Ordinance 201, October 11, 1977
Ordinance 206, January 9, 1978
Ordinance 213, October 26, 1978
Ordinance 214, November 14, 1978
\ Ordinance 228, February II, I960
LR-1C\ Ordinance 236, January :2, 1981
0
0:
0
O
LR-1C
9 III Eaiil
LR-IC-I B-5
LR-1B
INSERT
NAVARRE AREA DETAIL MAP
5000 ft.Road Key
^ ipi »r OrtAOC
ISBERG
RIESENBERG
CHELSETH and
ASSOCIATES
!!
COUNCIL MEStinq
may 11 199J
REQUEST FOR COUNCIL ACTION
cmror OftONO •
DATE: May 8,1998
ITEM NO = 10
Department Approval:
Name RonMoorse
Title City Administrator
Administrator Reviewed:Agenda Section:
City Administrator’s
Report
Item Description: Ordinance Enacting a Moratorium on Development in the LR-1C-1 Zoning
District
The City’s LR-1 C-1 zoning district currently allows, as an additional permitted use, a credit allowing
a 50% increase in dwelling unit density over the LR-IC district. The City has found that the current
Code language regarding the density credit does not provide the City with the ability to adequately
protect the health, safety and welfare of the community. Therefore, it is necessary that a study be
conducted to determine Code changes that would provide for adequate protection of health, safety
and welfare.
To provide a time period during which the City can accomplish the study and ordinance changes,
it is necessary to enact a moratorium on development in the LR-1 C-1 zoning district. Staff
recommends a six-month moratorium expiring on November 16,1998.
An ordinance enacting a moratorium on development in the LR-1 C-1 district will be provided at the
Council meeting.
COUNCIL ACTION REQUESTED:
Motion to adopt an ordinance enacting a moratorium on development in the LR-1 C-1 zoning district,
expiring on November 16,1998.
4
REQUEST FOR COUNCIL ACTION
Date: November 6,1998
Item No,1^
Department Approval: Adminbtrator Approval:
Name: Michael P. Gafliron
Title: Senior Planning Coordinator
Agenda Section:
Zoning
Item Description: Extend LR-1C-1 Moratorium
Ordinance #175, 2nd Series, adopted May 11, 1998 established a 190-day moratorium on the
granting of applications which would make use of the LR-lC-1 50% increase in dwelling unit
density. That moratorium expires November 16 unless Council renews it on November 9. Since the
study of this topic has not been completed, staff recommends that the moratorium be extended 180
days.
A copy Ordinance #175, 2nd Series is attached. Staff will present an ordinance to extend the
moratorium at Monday's meeting.
Council Action Requested
Adopt an extension to the moratorium established in Ordinance #175,2nd Series.
0^5
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ORDINANCE # 175.2ND SERIES
AN ORDINANCE ADOPTING AN INTERIM MORATORIUM
ON THE GRANTING OF
CREDITS ALLOWING A 50% INCREASE
IN DWELLING UNIT DENSITY
IN THE LR-lC-1 DISTRICT
The City Council of Orono does ordain:
SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide
for the orderly development of residential properties so as not to unreasonably conflict with the
current residential character of the City. The City is concerned that its current relations in Section
10.26, Subd. 3 related to a credit allowing a 50% increase in dwelling unit density and the LR-lC-1
zoning district are not adequate to ensure this.
SECTION 2. Interim Moratorium. The City needs tune to conduct a study to determine whether
new regulations are needed; and, if so, to develop and adopt new regulations. To enable time for this
process, the City Council finds it necessary to impose a 190 day moratorium pursuant to Minnesota
Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26,
Subd. 3 in the LR-lC-1 District.
SECTION 3. Effective Date. This ordinance shall be effective as of May 11,1998.
Adopted by the City Council of Orono on this 11th day of May, 1998, by a vote of
®__ayes and 0 nays.
Gabriel Ja^bour, Mayor
ATTEST:
A yf (/jU.
Linda S. Vee, City Clerk
Published in the Laker and Pioneer newspapers the week of June 6, 1998.
To:Mayor Jabbour and Council Members
Ron Moorse, City Administrator
Greg Gappa, Public Services Director
Mike Gaffron, Senior Planning Coordinator
Paul Weinberger, Assistant City Planner/Zoning Administrator
From:Liz Van Zomeren, City Planner/Zoning Administrator
Date:
RE:
Exhibits:
January 19,1999
Adult Use Study
A
B
C
D
Moratorium Ordinances #158,174,177
Map of Commercial and Industrial Areas
Court of Appeals decision re: Fantasy House in Crystal, MN
Summary of Wayzata and Minnetonka ordinances
Background
In May 1997, the City of Orono adopted Ordinance #158 establishing a moratorium on adult uses
in all commercial and industrial districts, including planned developments. (See Exhibit A). The
moratorium expires on March 15,1999. The purpose of the moratorium was to determine how adult
uses should be regulated within the City of Orono. The City's Zoning Code does not specifically
mention adult uses. Uses that are not specifically listed in the Zoning Code are considered
prohibited by the ordinance. The problem that this creates for Orono is that a conununity cannot
entirely exclude all opportunities for a sexually oriented business to locate and operate within its
boimdaries.
During tlie period of the moratorium staff has collected copies of adult use ordinances fi’om Wayzata,
Long Lake, Minnetonka, Minneapolis and Plymouth, Minnesota. Staff also obtained a task force
report from the Attorney General’s office and a joint report from the communities of Shakopee, St.
Louis Park, and Minnetonka, Minnesota.
Study Findings
The Attorney General’s study made several significant findings:
1.The effects of sexually oriented businesses on the crime rate index is positive and significant
regardless of which control variable is used.
2. Sexually oriented businesses continue to be associated with higher crime rates, even when
Adult Uses—Work Session
1/21/99
page-1
the control variables' impacts are considered simultaneously.
3.There is a statistically significant correlation between the location of adult businesses and
neighborhood deterioration.
In the City of Minnetonka's adult use ordinance, the following findings were made:
1.
2.
Sexually-oriented businesses have an impact on the neighborhoods surrounding them
which is distinct from the impact caused by other uses.
Residential and commercial neighborhoods located within close proximity to sexually-
oriented businesses experience the following negative impacts:
Increased crime rates, particularly in sex-related crimes such as rapes, prostitution,
indecent exposure, and other lewd and lascivious behavior;
b.Property values which are either diminished or fail to appreciate at the rate of
other comparable properties not located in proximity to sexually-oriented businesses;
c. Increased transiency and decreased stability of ownership;
d. Deteriorated neighborhood appearance from litter and graffiti;
e. Sex-rebtcd harassment of residents and customers by motorists and pedestrians;
f. A perception that the area is "unsafe"; and
g. Difficulty in attracting and retaining customers, employees, and desirable tenants.
h.The adverse impacts which sexually-oriented businesses have on surrourding areas
diminish as the distance from the sexually-oriented business increases.
1.The adverse impacts of sexually-oriented businesses are exacerbated when the uses
are located near each other.
J The presence of liquor establishments in the immediate vicinity of sexually-
oriented businesses also compounds the adverse impacts on the neighborhood.
Sexually-oriented businesses can exert a dehumanizing influence on persons attending
places of worship, children attending day care centers or schools, and people using
public parks and libraries.
Adult Uses—Work Session
1/21/99
page^2
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1.Sexually-oriented businesses can significantly contribute to the deterioration of
residential neighborhoods and can impair the character and quality of the residential
housing in the area where they are located, thereby exacerbating the shortage of
affordable and habitable housing for City residents.
The concentration of sexually-oriented businesses in one area can have a substantially
detrimental effect on that area and on the overall quality of urban life. A cycle of
decay can result from the influx and concentration of sexually-oriented businesses.
The presence of such businesses is perceived by others as an indication that the area
is deteriorating and the result can be devastating; other businesses move out of the
vicinity and residents flee from the area. The resulting decline in real estate values
erodes the City's tax base and contributes to overall urban blight.
n.Land use regulations are appropriate to minimize the detrimental effects that
sexually-oriented businesses have on adjacent land uses.
The Court of Appeals stated in the City of Crystal vs. Fantasy House civil opinion that "a
municipality may reasonably rely on studies of the secondary effects of adult establishment
businesses to restrict such businesses, even if the studies focus on businesses that provide on-site
consumption of sexually explicit material and some of the businesses being restricted do not provide
on-site consumption". The Court of Appeals also stated that "an ordinance that restricts the location
of adult establishment businesses to 15% of the municipality's industrial and commercial zones
provides sufficient reasonable alternative avenues of communication for adult establishment
businesses.
The Attorney General's task force recommended:
1.
2.
3.
Communities should document findings of adverse secondary effects of sexually oriented
businesses prior to enacting zoning regulations to control these uses so that such regulations
can be upheld if challenged in court.
I'o reduce the adverse effects of sexually oriented businesses, communities should adopt
zoning regulations which set distance requirements between sexually oriented businesses
and sensitive uses, including but not limited to residential areas, schools, child care facilities
and parks.
To reduce adverse impacts from concentration of these businesses, communities should adopt
zoning ordinances which set distances between sexually oriented businesses and between
sexually oriented businesses and liquor establishments, and should consider restricting
sexually oriented businesses to one use per building.
Adult Uses—Work Session
1/21/99
page-3
4. Prior to enacting licensing regulations, communities should document findings of adverse
secondary effects of sexually oriented businesses and the relationship between these effects
and proposed regulations so that such regulations can be upheld if challenged in court.
5. Communities should adopt regulations which reduce exposure of the community and minors
to the blighting appearance of sexually oriented businesses, including but not limited to
regulations of signage and exterior design of such businesses, and should enforce state law
requiring sealed wrappers and opaque covers on sexually oriented material.
First Amendment Issues
Because adult uses are not specifically addressed in the Zoning Code, they are considered prohibited.
Historically, staff is not aware that any adult use has sought to locate within the City of Orono.
Adult uses have largely been a non-issue for Orono. Adult uses, however, enjoy first amendment
protection. If a prospective adult use business called the City of Orono to inquire about zoning
regulations, they would be informed that they are not an allowed use. The City may be vulnerable
to litigation.
While communities are not allowed to prohibit adult uses because of first amendment protection,
cities do not have to ensure that suitable buildings or market forces will allow such uses. Typically,
adult uses have been limited to restricted commercial areas or industrial districts. Many surrounding
communities use distance requirements from day care, schools, parks, churches and from other
sexually-oriented businesses.
Analysis of Available Land in Orono
It is not legally prudent for the City of Orono to not have a plan in place for regulating adult uses.
To continue to prohibit all adult uses by exclusion from the Zoning Code is to face a possible
challenge from the adult use industry at some unknown future time. The difficult task at hand is to
determine the area where adult use businesses would have the least negative impact and not be
subject to legal challenge.
Commercial Zoning—Hwy. 12
Orono's Zoning Code has multiple commercial districts for a relatively small area of the community.
Along Highway 12, there are currently 6 acres zoned B-1 that are vacant at Brown and Highway 12,
in close proximity to residential development. It is expected that this land may eventually be
developed for retail uses. This location would not be suitable for adult uses because of its close
proximity to residential development and liquor establishments (Larry's Lounge).
In the B-6 district are the Orono mall and Otten's Nursery. It is possible that a small off-site
Adult Uses—Work Session
1/21/99
page-4
consumption adult use activity could seek to locate in the Orono mall because of traffic volumes of
Highway 12. A mall location may be viewed as more desirable than a free-standing location in
terms of impact, however, this location is in close proximity to residential uses and liquor
establishments.
There is vacant land along Hwy. 12 between Willow Drive and Old Crystal Bay Road that is zoned
Ibr rural residential that is anticipated to be developed for commercial purposes in the future. The
new development that the City hopes to attract in this area would be negatively impacted by a
sexually-oriented business. This location is also in close proximity to the Orono schools.
Commercial Zoning —Navarre area
The Navarre area of Orono has commercial zoning along Shoreline Drive and Shadywood Road.
There is very little vacant land available for development. Vacancy rates for commercial spaces
appears to be relatively low. Most of the businesses along Shoreline Drive, from Shadywood Road
west to Mound are in close proximity to residential. There is also a church and day care in this area.
There is a liquor store and a restaurant that serves liquor also. There are not any locations in the
Navarre area that would seem appropriate for adult-use businesses.
Industrial Zoning —Hwy. 12
The industrial zoning district in Orono is limited to a 44 acre parcel of land on the south side of
Hwy. 12 between Old Crystal Bay Road and the City of Long Lake. There are approximately 14
acres of vacant land. Most of the buildings were built for heavy industrial uses that could be divided
into separate areas for smaller tenants. This area is across the street from vacant land that the City
expects to eventually be developed for commercial purposes. Adult uses across the street could have
a negative impact on new commercial development, llie industrial district is also close to the Orono
Schools and possible new residential development to the north and west.
Summary
Orono has limited land zoned for commercial and industrial uses. The commercial zoning districts
in the Navarre area are intended to provide areas for the delivery of daily goods and services to the
residents of the area. Adult use businesses by their very nature draw customers from a larger region
than a neighborhood or community. The church, park and day care in this area should be protected
from adult use businesses. The presence of a liquor store and restaurant with liquor also render this
area as an undesirable location for adult use businesses. All of the commercial property is in close
proximity to single family residential areas.
The existing and potential commercial developments along Hwy. 12 would be negatively impacted
by an adult use business. Locating an adult use business in this area wouid be detrimental to future
.Adult Uses—lVork Session
1/21/99
page-5
residential development along Willow Drive and is too close to the Orono Schools. There is no land
in Orono that would be well-suited for an adult use business.
The industrial district is in close proximity to the schools and future residential and commercial
development. There does not appear to be any land in Orono that would be suitable for adult uses.
The industrial district may be the most likely district in which to allow adult uses if appropriate
restrictions are established.
Staff Recommendation
To discuss adopting the findings from other studies noted in this report for the purposes of
establishing findings of fact to adopt land use regulations for adult use businesses. To consider
allowing adult uses in the industrial district subject to distance requirements from other adult uses
and a spacing requirement from parks, schools, libraries, day care facilities, and churches. To also
consider restrictions to limit adult uses to one per building and to limit signage and the exterior of
the building.
Adull Uses—Work Session
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page—6
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ORDINANCE NO. 158 . SECOND SERIES
AN ORDIN. ^E ADOPTING AN INTERIM MORATORIUM ON
THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS
REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE *
PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO
ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL
DISTRICTS IN THE CITY OF ORONO
THE CITY OF ORONO DOES ORDAIN:
SECTION 1. Aulhorilv. Pursuant to Minnesota Statutes Section 462.355, Subd. 4,
the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or
development in all or a part of the City while the City is considering adoption or amendments of the
comprehensive plan or official zoning controls. The City declares that this interim ordinance is
established pursuant to the aforementioned statute and City ordinance.
SECTION 2. Findings and. Jurpos?- The city of Orono is conducting a
comprehensive revision of its zoning code. One of the major goals of the revision is to minimize
land use conflicts near residential neighborhoods and to promote maintenance and reinvestment in
commercial and industrial property.
The City Council is concerned about the effects of adult uses in commercial and
industrial districts near residential areas, parks, and schools. The City Council is concerned that
adult uses may contribute to instability through increased nighttime noise and traffic.
The City Council is concerned that adult uses are not a service to the industrial and
community level commercial districts.
As a result of the important land use and zoning issues cited above, the City will
conduct studies for the purpose of consideration of possible amendments to the comprehensive plan
or official zoning controls to address the issues related to the establishment or expansion of adult
uses. The City of Orono finds that this interim ordinance should be adopted to protect the planning
process and the health, safety and welfare of the citizens.
SECTION 3. Zoning Study. The B-1, B-2, B-3, B-4, B-5, B-6,1, PID, PUD zoning
districts of the City are hereby declared to be an interim zoning study area with respect to
establishment or expansion of adult uses.
SECTION 4. Study fl£Adult Usos. For the purposes of this Section the words used
herein shall have the following meaning:
Page 1 of3
Adults - only gift store or bookstore! An establishment having as a substantj|^ or
significant portion of its stock in trade, books, magazines, films for sale or viewing
on premises by use of modon picture devices or other coin-operated means, and odier
periodicals which are distinguished or characterized by their principal emphasis on
matters depicting, describing or relating to nudity, sexual conduct, sexual excitement
or sadomasocliistic abuse, as defined below, or an establishment with a segment or
section devoted to the sale or display of such material, for sale to patrons therein.
Adults - only motion picture theater or video arcade : An enclosed building used
regularly and routinely for presenting programs, material distinguished or
characterized by an emphasis on matter depicting, describing or relating to nudity,
sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for
observation by patrons therein.
Nuditv: The showing of the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering, or the showing of the female breast with less
than a fully opaque covering of any portion thereof below the top of the nipple, or the
depiction of covered male genitals in a discemibly turgid state.
Sauna : An establishment or place primarily in the business of providing (i) a steam
bath and (ii) massage services.
Sexual conduct: Acts of masturbation, homosexuality, sexual intercourse, or
physical contact with a person's unclothed genitals, pubic ^ea, buttocks or, if such
person be a female, her breast.
excitement : The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
(7) Sadomasochistic abuse : Flagellation or torture by or upon a person clad in
undergarments, a mask or bizane costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Adult entertainment center: An enclosed building or a part of an enclosed building,
wherein an admission is charged for entrance into the facility, or for food, alcoholic
beverages or other beverages intended for consumption within the facility, wi.erein
may be observed or which j ermits a customer to view one or more live persons
unclothed or in such attire, costume or clothing as to expose to view any portion of
the female breast below the top of the areola, or any portion of the male or female
pubic hair, anus, cleft of the buttocks, vulva or genitals.
SECTION 5. F.ffective Date . This ordinance shall be effective May 12,1997 and
shall expire on May 13,1998.
Page 2 of3
SECTION 7. This Ordinance shaU be published in THE PIONEER and THE
LAKER and shall be eCfective immediately.
Adopted by the City Council of the City of Orono on the 12 day of May
199j by a vote of <; ayes and n nays.
ATTEST:
City Clerk Gabri^ Jabbour, May^
Publish in the Laker & Pioneer newspaper the week of May 24, 1997.
Pages of3
1
ORDINANCE NO. 171, SECOND SERIES
AN ORDINANCE EXTENDING AN INTERIM MORATORIUM
ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS,
REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS,
VARIANCES, OR OTHER AUTHORITY RELATING TO ADULT USES IN ALL
COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO
The City Council of Orono does ordain:
SECTION 1. 5;tatement of Policy. The purpose of Orono Municipal Code Chapter 10 is to
provide for the orderly development of commercial and industrial activity so as not to
unreasonably co^ict with the primary residential and agricultural character of the City.
•
SECTION 2. Extension of Tnferim Mnratorum. To facilitate the purpose slated in Section 1 the
City Council imposed a 120 day moratorium, pursuant to Mmnesota Statute Section 469.355,
Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications,
conditional or special use permits, variances, or other authority relating to adult uses in
commercial and industrial districts in the City of Orono. This moratorium was to enable the city
to study the issues relating to adult use and to make any necessary changes in its current
ordinances. The initial moratorium is set to expire on May 12, 1998. Because the city has not
yet completed the changes to its ordinances to reflect the results of its studies of adult uses and
industrial districts, it is necessary to extend the moratorium to September 15,1998.
SECTION 3. Effective Date. This ordinance shall be effective after publication
Adopted by the City Council of Orono on this 11th day of May, 1998, by a vote of—^
ayes and Q nays.
ATTEST:
C :4. /!/.
Gabrielief^^^ur. Mayor
Liiida S. Vee, City Clerk
Published in the Laker and Pioneer newspapers the week of June 6, 1998.
ORDINANCE NO. 177 , SECOND SERIES
AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON
THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS,
REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE
PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO
ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL
DISTRICTS IN THE CITY OF ORONO
THE CITY OF ORONO DOES ORDAIN:
SECTION 1. Authorin'. Pursuant to Minnesota Statutes Section 462.355, Subd. 4,
the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or
development in all or a part of the City while the City is considering adoption or amendments of the
comprehensive plan or official zoning controls. The City declares that this ordinance is established
pursuant to the aforementioned statute and City ordinance.
SECTION 2. Firdings and Purpose. The City of Orono is conducting a
comprehensive revision of its zoning code. One of the major goals of the revision is to minimize
land use conflicts near residential neighborhoods and to promote maintenance and reinvestment in
commercial and industrial property.
The City Council is concerned about the effects of adult uses in commercial and
industrial districts near residential areas, parks, and schools. The City Council is concerned that
adult uses may contribute to instability through increased nighttime noise and traffic.
The City Council is concerned that adult uses are not a service to the industrial and
community level commercial districts.
As a result of the important land use and zoning issues cited above, the City adopted
an ordinance placing an interim moratorium on the granting of building permits, land subdivision,
rezoning applications, conditional or special use permits, variances or other authority relating to
adult uses in all commercial and industrial districts in the City of Orono. This moratorium is
scheduled to expire on September 15,1998.
SECTIONS. Extension of Moratorium. Because the City has not completed its
study and consideration of possible amendments to the comprehensive plan or official zoi^g
controls to address the issues related to the establishment or expansion of adult uses, the moratorium
relating to adult uses in all commercial and industrial districts in the City of Orono is hereby
extended by 180 days.
Page 1 of2
Adults - only gift store or bookstore: An establishment having as a substantial or
significant portion of its stock in trade, books, magazines, films for sale or viewing
on premises by use of motion picture devices or other coin-operated means, and other
periodicals which are distinguished or characterized by their principal emphasis on
matters depicting, describing or relating to nudity, sexual conduct, sexual excitement
or sadomasochistic abuse, as defined below, or an establishment with a segment or
section devoted to the sale or display of such material, for sale to patrons therein.
Adults - only motion picture theater or video arcade : An enclosed building used
regularly and routinely for presenting programs, material distinguished or
characterized by an emphasis on matter depicting, describing or relating to nudity,
sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for
observation by patrons therein.
Nudity : The showing of the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering, or the showing of the female breast with less
than a fully opaque covering of any portion thereof below the top of the nipple, or the
depiction of covered male genitals in a discemibly turgid state.
Sauna : An establishment or place primarily in the business of providing (i) a steam
bath and (ii) massage services.
Sexual conduct : Acts of masturbation, homosexuality, sexual intercourse, or
physical contact wth a person's unclothed genitals, pubic area, buttocks or, if such
person be a female, her breast.
(6) Sexual excitement: The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
(7) Sadomasochistic abuse : Flagellation or torture by or upon a person clad in
undergarments, a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
(8) Adult entertainment center An enclosed building or a part of an enclosed building,
wherein an admission is charged for entrance into the facility, or for food, alcoholic
beverages or other beverages intended for consumption within the facility, wherein
may be observed or which permits a customer to view one or more live persons
unclothed or in such attire, costume or clothing as to expose to view any portion of
the female breast below the top of the areola, or any portion of the male or female
pubic hair, anus, cleft of the buttocks, vulva or genitals.
SECTION 5. Effective Date. This ordinance shall be effective May 12,1997 and
shall expire on May 13,1998.
Page 2 of 3
12.
Tn«3rOuQ^trH)< LO
vArife.
LR-IC-I
LR-1B
INSERT
NAVARRE AREA DETAIL' MAP
Finance and C ommerce A ppeuate C ourts Edition October . 1997
GO URT OF APPEALS
CIVIL OPINIONS
rn#mm
City of Crystal,
Appellant,
vs.
Fantasy House, Inc.,
d'b/a Fantasy Gifts; et al..
Respondents.
Filed September 30,1997
Reversed
HuspenI, Judge
Hennepin County District Court
File No. 9518970
James J.Thomson, Daniel J.QreensweIg, Kennedy & Graven, Cha.<tered.
470 Pillsbury Center, Minneapolis, MN 55402; George C. Hoff, Hoff, Barry
& Kuderer, RA., 7901 Flying Cloud Dr., Suite 260, Eden Prairie, MN 55344
(for appellant)
David Grort^ck, Law Offices of David Gronbeck, 701 Fourth Ave. S.,
Suite 1700, Minneapolis, MN 55415 (for respondents)
Caria J.Heyf, 145 University Ave.W., St. Paul, MN 55103-2044 (for ami
cus curiae League of Minnesota Cities)
Randall 0. B.Tigue, 2620 Nicoilet Ave., Minneapolis, MN 55408 (for ami
cus curiae Minnesota Civil Liberties Union)
Considered and decided by Huspeni, Presiding Judge, Kalitowski,
Judge, and Thorecn, Judge.'
Retired judge of the district court serving as fudge oi the Minnesota Court ol Appelas
by appolnimeni pursuant to Minn. Const, art VI, § 10.
SYLLABUS
1. An interim ordinance may place a moratorium on the location of
adult establishment businesses until such time as their secondary effects
can be adequately studied pursuant to Minn. Stat. $ 462.3SS, subd. 4
(1996).
2. A municipality may reasonably rely on studies of the secondary
effects of adult establishment businesses to restrict such businesses, even
if the studies focus on businesses that provide on-site consumption of
sexually explicit material and some of the businesses being restricted do
not provide on-site consumption.
3. An ordinance that restricts the location of adult establishment busi
nesses to 15% of the municipality's industrial and commercial zones pro
vides sufficient reasonable alternative avenues of communication for
adult establishment businesses.
Reversed.
OPINION
HUSPENI, Judge (Hon. Franklin J. Knoll, District Court Judge)
Respondent Fan.asy House, Inc. opened, an adult novelty business in
appellant City of Crystal in violation of Crystal's interim ordinance that
bans adult establishments. Crystal brought a motion for declaratory judg
ment claiming that Fantasy House violated the ordinance and seeking to'
enjoin Fantasy House from operating its business in Crystal. Fantasy
House, in turn, alleged that both Ordinance No. 9S-II (interim ordinance)
and the latcr-aJoptcd Ordinance No. 96-2 (permanent ordinance) were
unconstitutional restrictions of free speech.
After a trial, the court found that the interim ordinance banned adult
establishments and that the permanent ordinance provided less than one
percent of Crystal's land for their location. As a result, the court held that
the interim and permanent ordinances failed to provide reasonable alter
native avenues of communication and were not narrowly tailored to a
substantial government interest Also, the court held that it was not rea
sonable for Crystal to rely on studies of adult establishments providing
on-site consumption of sexually explicit material because Fantasy House
does not provide on-site consumption.
Because we conclude that (1) municipalities may rely on studies of the
negative secondary effects of adult establishments to draft a restrictive
ordinance if the municipalities reasonably believe that the businesses
studied are similar to those targeted by the ordinance and (2) the two ordi
nances in question provided reasonable alternative avenues of communi
cation, we reverse.
FACTS
In June 1995, unaware that any adult establishment was planning to
open, appellant City of Crystal adopted Ordinance No. 95-11 (interim
ordinance), which prohibited any adult establishment from locating with
in 1,000 feet of residential areas, daycare centers, libraries, parks, reli
gious institutions, playgrounds, or other public recreational areas.
Because no area within Crystal was not within 1,000 feet of such places,
adult establishments were effectively banned from the city.
On December 1, 1995, respondent opened Fantasy House Gifts selling
t-shirts, greeting cards, lingerie, a limited number of adult videos and
books, and various sexual novelty items. The store was located in
Crystal's B-4 district and was within 1,000 feet of a park and of a residen
tial area. Crystal moved for a declaratory judgment that Fantasy House
violated the interim ordinance and for an injunction prohibiting Fantasy
House from operating its business in Crystal.
On January 16. 1996, Crystal adopted Ordinance No. 96-2 (permanent
ordina.".ce), replacing the interim ordinance. The permanent ordinance
restricts any business devoting 25% or more of its floor area to merchan
dise depicting specified sexual activities or specified anatomical areas to
industrial areas not within 250 feet of any residential boundary, church,
school, daycare, park, or specified business and not within 500 feet of any
other adult use. In February 1996, the city supplemented its original
declaratory judgment complaint to include a claim that Fantasy House
was in violation of the permanent ordinance.
A bench trial was held on Crystal's request for a declaratory judgment
and Fantasy House's challenge to the constitutionality of both the interim
and permanent ordinances. Testimony at trial showed that the permanent
ordinance permitted the location of adult establishments on 34 acres of
land in Crystal.'
'It should be noted that, although Iha trial court focused its analysis on the tact that the
available land was .9% ol the 3,768 total acres in Crystal, this available land also rep-
resents 15% of Ciystart 233 acres ol Industrial and commercial zones. ‘________
The trial court found that Fantasy House was entitled to First Amendment
protection and that the ordinances were an unconstitutional restriction of
free speech because they were not narrowly tailored and did not provide
reasonable alternative avenues of communication.
ISSUE
Are the interim and permanent ordinances unconstitutional restrictions
of free speech?
ANALYSIS
A municipal ordinance is presumed constitutional. The burden of prov
ing that an ordinance is unreasonable or that the requisite public i.nterest is
not involved, and consequently that the ordinance does not come within
the police power of the city, rests on the party attacking its vahd::y. City of
SL Paul V. Oalsin, 245 Minn. 325.329,71 N.W.2d 855.858 (1955)
Before addressing the constitutionality of the challenged ordinances, w e
Court of Appeals
October 3,1997
s
mu« answer the preliminary quesUon of whether First Amendment pro-
tectiom are at all Implicated in this case. The trial coun believed they
were because [p]art of (Fantasy House's] Inventory consists of materials
siK* as ^ult wdeos, greeUng cards with sexually explicit messages, and
T-shiits , Crystal argues that Fantasy House is not entitled to First
Amendment protections because its operations have only an incidental
relationship to speech-related activities.’
S!!?' appioximately 2% of Fantasy House s malerials are o« ihe
Amendment protection. Fantasy House fwtes that Crystal cites
^ ^ assertion. We shart not enter the thicket pre
sently by the question of whether Rrst AMendment protections apply only when a
wirtahj^^rcerit of materials sold by an estabGshmeni are of the type qualifying for that
Wc recognize that without First Amendinent protection, Fantasy House
would face an insurmountable task in challenging these municipal ordi
nances. See Wedemeyer v. City of Minneapolis, 540 N.W.2d 539, 543
(Minn. App. 1995) (municipal ordinances are valid, absent proof that they
are clearly discriminatory and lack any relation to public health, safety, or
general welfare); Chase v. City of Minneapolis, 401 N \V.2d 408, 412
(Minn. App. 1987) (standard of review for zoning decisions is whether
action was re^onable and not arbitrary and capricious). Therefore,
b^ause wc deem it important to reach the substantive issues presented by
this case, and because consideration of the substantive issues results in a
inclusion that the ordinances are constitutional even when tested under
Rrsi Amendm^t principles, we shall assume, without so holding, that
Fantasy House is indeed entitled to First Amendment protection.
Constitutionality of the Interim Ordinance
Crystal concedes that the interim ordinance provided no place in Ciystal
for w adult business to locate, but argues that Minn. Siai. § 462 355, subd.
4 (1996), gives it broad powers to create such an ordinance. Wc agree.
Minn. Stat. § 462.355, subd. 4, reads in relevant part:
If a municipality is conducting studies or has authorized a study to
be conducted or has held or has scheduled a hearing for the pur
pose of considering adoption • • • of (an ordinance] • • • the
governing body of the municipality may adopt an interim ordi
nance applicable to all or part of its jurisdiction for the purpose of
protecting the planning process and the health, safety and welfare
of its citizens. The interim ordinance may regulate, restrict or pro
hibit any use • • • within the jurisdiction • • • for a period not to
exceed one year from the date it is effective • •
TTic record indicates that Crystal complied with these requireme' ts. The
interim ordinance mandated that city officials study the "effect of faduli]
uses on other uses in the surrounding area" and present the results to the
Planning Commission and City Council.
^ A moratorium may be enacted for a limited duration if appropriate stud-
IM arc conducted and zoning ordinances arc expeditiously adopted.
N.W.2d at 542. Here, a permanent ordinance was
idopced^proximately seven months after enactment of the interim ordi
nance. This was expeditious as a matter of law.
We are aware, also, that a city may not enact an interim ordinance in an
iroltrary manner to limit a certain project. Medical Services, Inc. v. City
of Savage, 487 N.W.2d 263,267 (Minn. App. 1992). There is no possibil
ity that the interirn ordinance at issue here was enacted to limit a certain
project interim ordinance was enacted at least three months before
Crystal mame aware that Fantasy House was planning to open for busi
ness in Crystal.
Fantasy House claims that Wedemeyer and Medical Services arc an
yparent contradiction to other holdings of this court. DI MA Corp. v.
City of St Cloud, 562 N.W.2d 312, 321-22 (Minn. App. 1997) ("A city
cannot ban adult uses totally or fail to provide reasonable sites for rcloca-
S?? a A Alexrnder v. City of Minneapolis, 928 F 2d 278.
283-84 (&h Cir. 1991)), review denied (Minn. July 28, 1997). The dis
tinction, however, is simple: while a cit> can rarely ban a panicular use
with a permanent zoning ordinance, Minnesota law created n '•rim zon-
log ordinances for just such a moratorium. See Minn. Slut. § 462 355.
subd. 4.
Constitutionality of the Permanent Ordinance
We turn now to United States Supreme Court case law that describes the
standards an ordinance must meet to comply with the con^iiiutinnal
r^uirements for restricting adult establishmeot.s. Content-neutral time,
place, and manner regulations arc constitutional if **ury arc designed u>
CwrtcfAppesli 'i
Finance and C ommerce A ppellate C our ts Editic
______.s-a____■ ! ---------------------------------------- •serve a substantial government interest and do not unreasonably limi,’
alternative avenues of communication. Clly of Renton v. PlavuZ
nieatres. inc. 475 U.S. 41.47.106 S. CL 921928 (1986). Whc,h« "e
permanent ordinance is a valid content-neutral, time, place, and manner
regulation was not addressed by the trial court and was not raised as an
issue in this a; peal. Therefore, wc focus our analysis on whether ihc per
manent ordin^ce docs serve a substantial government interest and docs
not unreasonably limit alternative avenues of communication.
A. Narrowly tailored to serve a substantial government interest.
Courts have consistently held that preventing the negative secondary
effects associated with adult establishments is a substantial government
interest unrelated to the suppression of free expression. Sec City of
Renton, 475 U.S. at 50-5 1,106 S. Cl. at 930-3 1; ILQ Investment, Inc. v.
City of Rochester, 25 F.3d 1413, U16(8ihCir. 1994).
For Crystal to prove that its permanent ordinance is narrowly tailored to
the government interest, it must prove that adult establishments cause
negative secondary effects. In doing so.
(tjhc First Amendment docs not require a city • • • to conduct
new studies or produce evidence independent of that already gen
erated by other cities, so long as whatever evidence the city relies
upon is reasonably believed to be relevant to the problem that the
city addresses.
City of Renton, 475 U.S. at 51 -52, 106 S. Cl. at 931 (emphasis added).
In this case. Crystal relied on studies of businesses that allow on-site
consumption of sexually explicit material to prove that all adult establish
ments cause negative secondary effects.
1 Examples of adult establishments that provide on-site consumption of sexually
explicit material include massage parlors, nude dance dubs, adutt movie theaters,
and adult establishments that provide booths for privately viewing adult movies
Fantasy House provides no on-site consumption of sexually explidt material.
The trial court agreed with Fantasy House’s position that the difference
between businesses that provide on-site consumption of sc.xually e.xplicii
material and those that do not is so significant that the studies of busi
nesses providing on- site consumption could not reasonably be relied
upon to restrict businesses that do not provide on-siic consumption.
Because it rejected the city s reliance on these studies, the trial court held
that the permanent ordinance*
The trial court’s holding actually encompassed both the irterim arxl permarwnt erdi-
nafKes. In view ol our earlier analysis of the constitutionality of the Interim ordinance,
we limit our consideration of the trial courTs determination on this issue to the perma-
nent ordinance only. ^
was not narrowly tailored to a substantial government interest and was
unconstitutional.
While we do not dispute that distinctions may. indeed, be drawn
between on-site and off-site consumption in regulating adult establish
ments, we conclude that case law does not support the"trial court s con
clusion. The distinction between businesses that provide on-site con
sumption and those that do not has been considered by this court and
rejected as "simply not the law.- City of Ramsey v. Holmbere, 548
N.W.2d 302, 306 (Minn. App. 1996), review denied (Minn. Aue. 6,
1996). A city need only prove that the ordinance targets businesses "rea
sonably believed to produce at least some of the unwanted secondary
effects • • Id. (quoting ILQ Investments. 25 F.3d at 1418).*
fX)t€ the strong dissent In City of Aamtty and other case law that would charac-
terlze thiu distinction at fundamental. See, e.g., 2J. Qltu v. City of Aurora. 932
F.Supp. 1256,1258 (0. Colo. 1996) (calling analysis In ILQ flawed for considering the
subjective Intent of the city instead of the objective effects on the freedom to ce nmu-
nlcate). Further. In its amicus brief. Minnesota Civil Liberties Union (MCLU) cites 44
Llquormart v. Rhode Island, 116 S. Cl. 1495 (1996) to argue lhat the ordinances
upheld in ILQ and City of Ramsey would no longer be upheld 44 Liquormart holds
that a state legislature does not have broad discretion to suppress truthful nonnus-
leading advertising to further a state goat wvhen non speech-reiated alternatives are
available. 116 S. Cl. at 1511. A concurrence states lhat courts must carefully exam
ine statutes lhat restnci speech aDegedly to further a state goat. 116 S Ct at 1522
O’Connor. J.. concurnng.
However. ILQ and Clly of Ramzey did not base their upholding of ordinances on
any perceived di^relion to suppress truthful, nonmisleading speech. Instead, these
courts based their holdings on the conclusion that the distinction between businesses
that provide on-$rte consumption and businesses that do not is irrelevant. Such inde
pendent judicial determinations demonstrate that ILQ and City of Ramsey gave iheir
re spective ordinances sufficiently stncl scrutiny
Wc believe that the test established by the Supreme Court in City of
Rentun requires us to answer the following question: Did Crystal rcu-
$
rnMMERCEApPEMATE Courts Edition ----------_
' i> n«™wl, uulored K.m^.theg.'r^n .^fs ,n.«ea.
________^rn^AAm.
^„ll olaWishmcnls^ fcnd tor ilKlt i»
cii/s cmn^rcia....... -tr,.
trial court found this area to be insufficient*_________________ --:
the zoning mat^ oidinance may have been ■jWtrajy-
—---------—-------------. .________ t\ym trial rouri s conclusions
_____________________OcTOBEW 3,1997
.od,.,
and Short. Judge.
SYLLABUS
:Sd"l “,S .?'»«"SJSe Qoa.1., .mpro.em.nr AC.
OPINIONOPINION
«!H0RT Judee (Hon. Bruce R Gross. District Court ^udg®)
Af-mr the Citv of Jacksoo d/b/a Jackson Medical Center (JMC) revoked After ‘he City 0 on j privileges. Alvero brought suit
.iS'me JMC md^ ind.vidui nre^bers of die profession.. r<»ie«
Jlmminees (co..mnirrely, .M
:L"« fS.lIr.ges onder Ore Hmr..irC«.^lnrpro.emeni
a S; and (2) awarding the hospital attorney fees of $25,000.
earTSFACTS
Alvero. an internist with a sub-specialty •« ‘ wh^„® J"e
f^*S"the*I)!lrtol^MediS aS “ * *2 a
practices.^ -------—-------——r-rrrrr.
to revoke Alvcro’s
and treatment of the other physiaans^^ relationship with
Sion the suff voted to recommend rcvocauon. ----------
______ku iMr hvlaws. Alvero request
w»e.l.. CVS" '• --------------------
uses ------------------------- ” •
nication and is constitutional.
decision
The .interim ordinance met the relson^ly
subd. 4 (1996). In enacting its
to establish that the pennanent orfi-
siSn. the » “earing before a neu-As permmed by JMC bylaws. Mvwr^
tral panel and j^MCs^hicf executive officer set a hearing
SSSSS%S’=^=1“ '?.SS?5==S'ss
’"fa^ " I a«;ii that wc arc prepared to prowkca on
„li«l on slod.es rW mrelyzed die onii-
Reversed.
kmJBiJU.-----------------
Doctor's Medical Clinic, et al..
Appellants,
ing or procedures oullincaaDovc,pic«^w.,..a«..™ on
S“r.«r
4 rir^S’A&'Sfo
no.ri tour hours of .es..mooy tom
tots, and held the record open fw Alwro to simm^^ ^
and any other staffs rr
evidence, the psme y^ivero’s hospital privileges. On appeal to i
Three months later. Alvero ana n» «.i..t. • -o—
ssr3ri“.!^|S«»*KSK'=irf^J5Ss;s
SK =SSSSS»j5s;.>5rr
Fandly sjon to Iw^’fces did not begin to runr:nirfr«T,?Sn^d “.,^«^^
moved to *'"*'* *®4?S?w cly for the pm^)sc of appeal, wc grar dix was prepared af.er tnal w ciy lor inc
K™TS; Apr?, i .0 0. .providing reeord on .ppeai eo,
Conclac?
CitTol Jackson. Minnesota dA)/a Jackson Medical Center, et al..
Respondents.
Filed September 30.1997
Affirmed and motion to strike granted
Short. Judge
Jackson County District Court
S'n, wSm.. Houoland U-. f^PiJ;^
Court of Ap.
. •■V* ^.--- .-T .
City ofWavTata
The City of Wayzata distinguishes between "principal" and "accessory" adult uses. Principal uses
would use adult products (magazines, videos, etc. or a club) as the primary product. Accessory uses
would be a video rental store that would have a private room for adult videos only.
A. Locations adult uses are permitted -- Principal
Adult uses principal shall be located at least two hundred (200) feet from the closest point
of the building or actual leased space of the adult use principal to the property line of:
1.
2.
3.
4.
5.
6.
7.
Residentially zoned property
A licensed day care center
A public or private educational facility (K-12)
A public library
A public park
An on-sale liquor establishment
250 feet to another adult use
No two adult uses shall be located in the same building.
B. Signage ~ Adult Use Principal
Sign messages shall be generic in nature and shall only identify the type of business which
is being conducted; and shall not contain material classified as advertising; and shall comply
with the requirements of size and number for the district in which they are located.
C. Liquor — Adult Use Principal
No establishments with Adult Uses as a principal use shall allow liquor on the premises, nor
shall the use be located within 200 feet of an on-sale establishment.
D. Adult Uses - Accessory
1.The use shall comprise no more than 10% of the floor area of the establishment in
which it is located.
2. Comprise no more than 20% of the gross receipts of the entire business operation,
3. Not involved or include any activity except the sale or rental of merchandise.
Movie rentals shall be located where display areas shall be restricted from public view, and
an employee shall monitor the entrance.
Magazines classified or qualifying as adult uses shall not be accessible to minors and shall
be covered with a wrapper or other means to prevent display of any material other than the
tide.
Other uses-accessory shall comply with the intent of the situations noted above.
E. Signage and Advertising — Adult Use ~ Accessory
Prohibited from internal and external advertising and signage of adult materials and products.
City of Minnetonka
The City of Minnetonka distinguishes between two types of adult uses.
1. High Impact Business - Any business with materials or entertainment which are
principally related to sexual stimulation or gratification other than a limited impact
business.
2.limited Impact Business - Items are sold for off premises use only. All items must
be displayed n a separate area to which all persons must at least 18 years old to enter.
The separate area may not exceed 20% or 300 s.f. of the total retail space. Some
items may be placed outside of the isolated area, but must be accessible only to
employees and sealed with an opaque cover.
A. Permitted Locations for High Impact Businesses:
1 . Any Fion-residential zone as long as it is a permitted use or a Conditional Use.
2. B-1, B-2, B-3,1-1, PUD, and PID on land designated for a non-residential use.
3. High Impact Uses are not allowed within 250' of the following uses:
1.
2.
3.
4.
5. ’
6.
7.
8.
9.
10.
11.
Residential uses
Day Care Facilities
Schools
Library
Park
Playground
State and Federal Wildlife Preserves
Religious Institution
Other Public Recreational Facilities
Any Establishment Selling or Holding a Liquor License
Another High Impact Business
B. Signage
All Signage on high impact businesses shall be flat wall signs. No free standing, on roof, flashing,
moving elements, or electronically or mechanically changing messages.
No merchandise or photos of products shall be visible from the exterior of the building. No signs
shall be placed in any window or opaque covering. The City does not want to create the image of
a vacant or blight ed building. The only other signage allowed would be a 1 s.f. "Adults Only" sign
and hoius of operation on the main entrance.
TO:Mayor and City Council
FROM:Ron Moorsc. City Administrator
DATE:Januar)’ 19, 1999
SUBJECT: Key Policy Issues Related to the Update of the City ’s Comprehensive Plan
The City's Comprehensive Plan reflects the Council ’s philosophy and vision regarding the
development of the City and includes the key policies that arc to guide the development of the City.
An important step in the update of the Comprehensive Plan is to confirm and/or clarify the key
policies that reflect the Council ’s philosophy and vision.
Staff has idcnlified a potential list of policy issues to be addressed Based on a prioritization of these
issues by the Council, staff will provide background information to assist the Council in its
consideration of the policy issues in upcoming sessions. The list of potential policy issues is as
follows:
1. Overall philosophy and vision of the Council regarding the development of the City.
A. Confirm the main goals of piotecting Lake Minnetonka and preserving the
City ’s natural, open, rural character.
2. Sewer extension policy.
A. Should the City extend sewer to existing rural subdivisions (with non-
conforming septic systems) that arc adjacent to sewer?
B. Should the City allow the extension of sewer to new subdivisions that are in
close proximity to sewer?
3. Housing policy.
A.Should the City consider alternative housing options in the rural area that
maintain the rural density but do a better job of preserving open space and
maintaining the City ’s rural character?
B.Should the types of housing being developed in the City be such that they
will continue to be viable as demographics change over the next 20 yeais?
C.Should the City have a variety of housing options that serve people at each
stage of their lives (life cycle housing)?
L_...
• •♦♦V- ^— -.4. — - — -
Key Policy Issues Related to the Update of the City's Comprehensive Plan
January 19, 1999
Page 2
4. Land use along current Highway 12.
5.
6.
7.
8.
10.
A.Confirm that the land use of the area guided for "ccmmercial" development
on the north side of Highway 12 between Willow and Old Crystal Bay Road
will be office development.
B.Determine the Council's vision for the future land use of the southwest
quadrant of Old Crystal Bay Road and Highway 12.
Confirm the Council's view that retail development along Highway 12 should occur
in a compact downtown area.
Confirm/clarify the Council's policy related to the future of the 5-acre zone.
Confirm that the City's rural development is not a part of a staged development plan.
Lakeshore development/redevelopment. Clarify the Council's vision and identify and
prioritize the Council's objectives in relation to lakeshore development.
A. Protection of Lake Minnetonka.
B. Preservation of the current extent of the natural, open, uncrowded character
of the shoreline (mininiize ihe massing of houses as viewed from, the lake).
C. Maintain a range of lot and house sizes
9. Transportation.
A. Confirm the role of the upgrade of Highway 12 in the City's transportation
pi -n.
B. Conllrm/clarify the City's policy and goals related to County Road 15.
C. Policy/plan for moving local traffic east and west.
D. How does the Council view the future use and character of current Highway
12?
Parks, open space and trails. Confirm/clarify policy issues related to the
development of the City's parks, open spece and trails system.
A. Policy lO guide the amount of parks facilities to be provided, i.e. playgrounds,
ball fields, etc.
1
Key Policy Issues Related to the Update of the City's Comprehensive Plan
January 19, 1999
Page 3
B. Policy to guide the amount and type of open space to be provided.
C. Policy to guide the amount and types of trails to be provided.
11. Address the apparent changing of citizen expectations regarding the level of City
services.
1
i
z*^ r itr 11 ^ -
»?
CITY OF ORONO
NOTICE OF PUBLIC MEETING
NOTICE is hereby given that the Orono City Council will meet in a work session at 7:30
a.m. on Thursday, January 21,1999 in the City Council Chambers, 2780 Kelley Parkway, Orono,
Minnesota. The purpose of the meeting is to review issues and options related to the update of
Zoning ordinances and to identify key policy issues to be addressed as part of the Comprehensive
Plan update process.
This meeting is open to the public.
/s/ Linda S. Vee
City Clerk
Posted at:
City Hall
Navarre Post Office
Long Lake Post Office
Crystal Bay Post Office
«•!/ ^ .
1
1
TO:
FROM:
DATE:
Mayor and City Council
Ron Moorse, City Administrator
January 20,1999
SUBJECT: Proposed Topics for Upcomii^ Council Work Sessions
January 28
1 . First set of Comprehensive Plan policy issues.
February 4
1. Meeting with the Orono Highway 12 Design Review Committee regarding the preliminary
layout.
2. Comprehensive Plan policy issues.
February 11
1.Review Orono Schools proposed site plan for the Middle School building and the Media
Center expansion.
2. Comprehensive Plan policy issues.
February 18
1.Meeting with the City Assessor regarding the results of the revaluation process (in advance
of the mailing of valuation notices).
2. Comprehensive Plan policy issues.
\