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Extract of Minutes from Planning Commission meeting of May 1,2002: Planning File 3394: A request by the City of Roseville to amend the City Code, Chapter 10, Section 1005 and Section 1002, by adding regulations to sexually oriented business uses and adding Section 1017. Chair Duncan opened the hearing and requested Andrea McDowell Poehler, Attorney, Campbell Knutson to provide a summary of the project report dated May 1,2002. Andrea McDowell Poehler explained the proposed zoning ordinance amendment, noting that sexually oriented businesses have some protection by the Supreme Court so that the City 1) must have government purpose to regulate secondary effects; 2) reasonable alternatives for use, including at least 5% of the land area must be identified. The negative secondary effects as shown in the findings resolution were described; the Planning Commission resolution should establish the findings for Roseville and may use experience and records from other communities Andrea McDowell Poehler explained the setback in the proposed ordinance of 1,320 l.f. setback from "R" and "B-1" zones. Currently the City of Roseville does not have any Code regulations relating to sexually oriented business uses in the City, other than through minimal regulation in the licensing of liquor. The City Attorney and Staffrecommended that the Planning Commission and Council: 1) study the facts and adopt a resolution offindings offact, and 2) adopt an ordinance (attached) for the purpose of defining the use and regulating the location of sexually oriented businesses in "B" and "I" zones. Separation (1,320 feet) from any residential zone or "B-1" zone (which may include residential units) would be required. Member Olson explained that she is opposed to allowing a business shown to attract crime (negative secondary affects) to occupy parcels in 8% ofthe community land. (Joel Jamnik explained First Amendment rights are guaranteed for these activities. The City is attempting to achieve a balance which respect to the First Amendment). Member Traynor commented that there are no churches, schools or other such uses in this mapped area. Member Olson asked that the list of similar uses include civic buildings, city hall and parks. She asked if conditional use permits could be used to improve on-site improvements such as lighting and screening. Andrea McDowell Poehler recommended against additional conditions because of Supreme Court directions. Joel Jamnik explained that conditional use permits could undercut the ordinance. Member Olson asked if recreation buildings or civic buildings would be properly protected. Andrea McDowell Poehler explained that the sensitive uses in the ordinance have been accepted by the Courts. There being no further discussion, the Chair closed the hearing. Motion: Member Duncan moved, seconded by Member Mulder, to adopt a resolution of findings of fact regarding effects of sexually oriented businesses. Member Mulder strongly recommended approval. Ayes: 6 Nays: 0