HomeMy WebLinkAbout8A - Daycare & Game Rooms
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
8-A-l (;\ ~ P'
DONALD RYE, PLANNING DIRECTOR ~
CONSIDER APPROVAL OF ORDINANCE 96-23
PERMITTING ADUL T DAY CARE IN
RESIDENTIAL AND COMMERCIAL ZONING
DISTRICTS
SEPTEMBER 16, 1996
Ebenezer Ridges Care Center wishes to open an adult day
care facility in the Assembly of God church on Boudin
Street and Highway 13. Because adult day care is not a
permitted or conditional use in the R -1 district, they have
applied for an amendment to the code to permit adult day
care in residential and business districts.
Following a public hearing on August 26, the Planning
Commission recommended that adult day care for 24 or
fewer persons be allowed as an accessory use to schools
and churches in the R -1 and R - 2 districts, as a conditional
use in the R-3 and R-4 districts and as a permitted use in
the B-1, B-2 and B-3 districts.
The initial staff recommendation was to allow up to 12
persons in adult day care as permitted uses in the R-l and
R-2 districts. The applicant indicated that they could
anticipate as many as 20 to 25 persons using the facility on
a given day and asked the Commission to consider a higher
number as a cutoff.
Ultimately, the Commission decided that up to 24 persons
could be permitted, provided that the use was accessory to
a church or school in the R-1 and R-2 districts. The other
districts could be handled consistent with the staff
recommendation.
As part of this action, it would also be necessary to include
a definition of adult day care and provide for a parking
requirement in the ordinance and the Commission. has
recommended a definition and parking requirement as part
of its action on August 26.
The primary issue is whether adult day care should be
allowed as recommended by the Planning Commission.
Staff believes the recommendation forwarded by the
Commission is a workable solution and will help to provide
16200 €f~k6~tWk'R~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER
CITY OF PRIOR LAKE
ORDINANCE NO. 96-23
AN ORDINANCE AMENDING SECTIONS 5-1-7, 5-3-1, 5-3-3 AND 5-5-5 OF
PRIOR LAKE CITY CODE AND AMENDING SECTIONS 3.1, 3.2, 6.5 AND 8.1
OF PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7, 5-3-1, 5-3-3 and 5-5-5 of Prior Lake City Code and Sections 3.1, 3.2, 6.5
and 8.1 of Prior Lake Zoning Ordinance 83-6 are hereby amended as follows:
Section 5-1-7 and 8.1 are amended by adding the following definition:
ADULT DA Y CARE- A facility that provides care to functionally impaired adults on a
regular basis for periods of less than 24 hours in a structure that is not the residence of
the person being served or the facility operator. Some characteristics of this use are
similar to family day care or nursing homes. This use is appropriate in commercial and
high density residential areas and in institutional uses in residential areas, particularly if
there is accessibility to outdoor areas for sitting or exercise.
Section 5-3-1 and 3.1 are amended by adding the following sentence:
Adult day care for 24 or fewer persons is permitted as an accessory use to schools and
churches in the R-1 and R-2 Urban Residential districts.
Sections 5-3-3 and 3.2 are amended by adding the following:
Under conditional uses in the R-3, Multiple Residential district, add:
15. Adult day care
Under conditional uses in the R-4, Mixed Code Residential, add:
9. Adult day care
Under permitted uses in the B-1, Limited Business District, add:
8. Adult day care
Under permitted uses in the B-2, Community Business District, add;
18. Adult day care
16200 ~26C~~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
__~~"",,,"~.,,_~,.""""""______-""'_"_~_''''''''''_'''~_'____''''_''_+:~';~.''''h ........_""".--.......,".......>O...,_~~--".""'M_._~......__.._"~~.-._.._
Under permitted uses in the B-3, General Business District, add:
18. Adult day care
Sections 5-5-5 and 6.5 are amended as follows:
Under ~, add:
Adult day care
Under Parkin~ Spaces Required. add:
2 per every 5 program participants
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 16th day of September, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By: City of Prior Lake
Planning Department
0RD96XX.DOCIDR
2
AGENDA #:
PREPARED BY:
SUBJECT:
PUBLIC HEARING:
DATE:
PROPOSAL:
ANALYSIS:
PLANNING REPORT
4A
DON RYE, DIRECTOR OF PLANNING
CONSIDER THE APPLICATION OF EBENEZER RIDGES TO AMEND
THE ZONING ORDINANCE TO ALLOW "ADULT DAY CARE"
FACILITIES IN BUSINESS & RESIDENTIAL ZONING DISTRICTS.
YES
AUGUST 26, 1996
The applicant is seeking an amendment to the Zoning Ordinance in order
to include adult day care facilities as a permitted use within the business
and residential zoning districts.
The Zoning Ordinance provides that if a land use is not specifically
designated as either permitted or conditional in the City, it is considered
prohibited. In such case, the property owner may request a study to
determine if the use is acceptable and, if so, what district would be most
appropriate for the use and what conditions and standards, if any, should
be attached to the development of the use.
DESCRIPTION OF PROPOSED USE:
Adult day care is similar to children's day care as it provides a safe place
for those who cannot completely care for themselves. Adult day care
entails more than babysitting. Typically, a variety of health, recreational
and social services as well as nutritional and emotional support are
provided to program participants. Adult day care centers also provide
"respite" care for people caring for older individuals or family members at
home. It provides an opportunity for the care giver to drop the person
they are caring for at the day care center and enables the care giver to go
shopping or tend to other personal business without the concern of
leaving the individual alone.
Adult day care has not received the recognition that children's day care
has received nationally however, in the last twenty years the number of
adult day care centers in the United States has risen from 15 to more
than 3,000, and in light of the dynamics of an aging population, it is likely
that the need will continue to grow.
-1-
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
LAND USE RATIONALE:
In establishing a new land use in the ordinance, it is appropriate to
compare the land use to other similar uses which are currently permitted
within the Zoning Ordinance. At present, the land use in the Ordinance
which appears most similar to adult day care is children's day care for
more than 12 children. Currently, this land use is a permitted use in the
B1 Limited Business District and B-2, Community Business and is
permitted as a conditional use in the R-2 Residential, R3 Multiple
Residential and R4 Mixed Code Residential Districts.
The characteristics of both land uses are both similar. They are low
intensity and they generate modest amounts of traffic compared to other
land uses which would occupy a similar area and typically have very little
in the way of nuisances characteristics to distinguish them.
Because of the fact that people are dropped off, it is helpful for such uses
to have ready access to the major street system without generating traffic
through adjoining residential areas.
Parking demands for such uses would typically be limited to the need for
staff parking and sufficient parking for persons dropping off and picking up
clients of the adult day care center.
ZONING TREATMENT BY OTHER CITIES:
Staff contacted several cities in the metropolitan area to determine how
adult day care was handled in their current zoning ordinances. Treatment
of adult day care ranged from permitting them outright to not allowing
them anywhere in the City. Several staff members from other cities
indicated this was primarily due to the fact that a request for such use had
not been received and one local official indicated that they would consider
allowing the use under the day care provisions of their current ordinance
even though adult day care was not specifically listed. The following
summary of treatment of the adult day care and other ordinances:
St. Louis Park - permitted with conditions in the high density residential
district and the commercial and office districts.
Golden Valley - permitted in residential districts with 12 or fewer persons.
Chanhassen - not covered in city code.
Savage - permitted home occupation and residential districts.
Eagan - conditional use in some commercial districts.
NECESSARY ZONING TREATMENT:
If this use is to be permitted it will be necessary to define the use to
determine the districts in which it should be located and to establish
parking requirements. Staff believes it would be appropriate to treat adult
day care in the same fashion as children's day care. For 12 or fewer
persons, adult day care could be a permitted use in the R1 and R2 Urban
Residential Districts. For more than 12 persons, the use should be as a
-2-
conditional use in the R3 Multiple Residential and R4 Mixed Code
Residential District and as a permitted use in the B 1 Limited Business
District, B2 Community Business District and B3, General Business
District.
The following definition of adult day care is suggested.
ADULT DAY CARE:
A facility that provides care to functionally impaired adults on a regular
basis for periods of less than 24 hours in a structure that is not the
residence of the person being served or the facility operator. Some
characteristics of this use are similar to family day care in nursing homes.
This use is appropriate in commercial and high density residential areas
particularly if there is accessibility to outdoor areas for sitting or exercise.
The following off-street parking requirement is suggested. Two parking
spaces for every five program participants licensed by the State of
Minnesota. In the case of the applicant this would result in a demand for
12 parking stalls for 30 clients. This would provide parking for the six staff
members that provide six additional stalls for dropping off and picking up
clients.
ALTERNATIVES:
The Planning Commission has three alternatives available to it.
1 . The Planning Commission may recommend denial of the
request.
2. The Planning Commission may defer the request pending receipt
of additional information as may be deemed appropriate.
3. The Planning Commission may recommend approval of the
request as proposed or with specific modifications.
RECOMMENDATION: It is recommended that alternative 3 be followed and the Planning
Commission recommend approval of the request as modified to permit adult day care as a
permitted use in the B 1 Limited Business District, the B2 Community Business District and the
B3 General Business District and as a conditional use in the R3 Multiple Residential and R4
Mixed Code Residential Districts. It is recommended that Adult Day Care for 12 or fewer
persons be allowed as a permitted use in the R1 Suburban Residential and R2 Urban
Residential Zoning Districts. It is further recommended the definition of adult day care cited
above be adopted and the recommended parking requirement also be adopted.
ZOO3PR
-3-
[IDrn&~1T
Case #96-073 Ebenezer Ridges - Ordinance Amendment to Allow Adult Day Care
Facilities in the Business and Residential Zoning Districts.
The hearing was open to the public and a sign-up sheet was circulated to the public. Planning
Director Don Rye presented the information from the Staff Report dated August 26, 1996.
The applicant is seeking an amendment to the Zoning Ordinance in order to include adult day
care facilities as a permitted use within the business and residential zoning district. Adult day
care is similar to the children's day care as it provides a safe place for those who cannot
completely care for themselves. The facility would provide care to functionally impaired adults
on a regular basis for periods of less than 24 hours in a structure that is not the residence of the
person being served or the facility operator. Staff recommends approval of the request as
proposed or with specific modifications.
Comments from the public:
Susan Stenson, resides at 5850 140th Street, representing Ebenezer Ridges Care Center in
Bumsville. The proposed Prior Lake site is at the Assembly of God's Church. The applicants
would like to eventually license 12 to 25 clients. Days of operation to start with would be
Monday, Tuesday and Thursday, 8:00 a.m. to 4:00 p.m. Theyare licensed by the Department of
Human Services and re-license on a 2 year basis. Currently there- are no adult day care centers in
Scott County and applicants would like to see the area served. Applicant handed out information
regarding the program.
Comments from the Commissioners:
Wuellner:
. Staffing for facility will depend on number of clients. The ratio for this facility would be I
(staff) to 8 (clients). Typically they combine groups and the ratio would be 1 to 6.
. Stenson explained the difference with child care and adult care. Adult care is mainly dealing
with a frailer population who have medical difficulties and health issues. They help clients
with multiple health problems. Scott County provides transportation to the facilities. There
is also a social interaction. This program is for the care giver as well as the patron. Many
children and grandchildren are taking care of the clients.
Stamson:
. Excellent use and positive affects.
. Similarities with traffic and use as child care centers.
. Addition to parking - require participants park on site. Staff to park on street. Could be a
problem in residential areas.
V onhof:
. Analysis is accurate as far as similarities of child day care.
. Should the City use same number of 12 person definition for child as adults.
. Rye explained the number 12 was the same as child day care. The City can increase number.
Do not want to lose compatibility with neighborhood. The rationale is the State Department
of Human Services set the number 12.
. Go with recommended 12.
MN082696 DOC
PAGE 4
· Agree with adult day care definition.
· Off street parking provided for staff.
C riego:
· Agree with Commissioners.
. Recommend on-site parking.
· Stenson spoke on the limit of 12. The stipulation is 40 sq. feet for each person (client and
staff) by the Department of Human Services. Her recommendation would be to allow 20 to
25 for this facility.
· Neighbo~hoods would not like 40 patrons.
[IDrnm~~
Wuellner:
· Feels this should be a conditional use in a residential area.
· Rye explained a different slant. If there is a concern operating in a house and creating
problems, perhaps instead of calling it a permitted use, it could be allowed as an accessory
use in the R 1 and R2 districts. It gives more certainty of the availability of parking. Traffic
would be less of a problem.
· Not opposed to land use but the affect on the surrounding neighborhoods.
Mrs. Stenson felt a reasonable number of patrons is 22.
Commissioner Stamson suggested tying in with the State licensing with 40' per patron.
MOTION BY CRIEGO, SECOND BY WUELLNER, TO ALLOW ADULT DAY CARE FOR
24 OR FEWER PERSONS AS AN ACCESSORY USE TO SCHOOLS AND CHURCHES IN
THE Rl AND R2 DISTRICTS.
Vote taken signified ayes by Criego, Wuellner, Stamson and Vonhof. MOTION CARRIED.
A recess was called at 8: 15 p.m. The meeting reconvened at 8:26 p.m.
Case #96-045 Maple Hill 2nd Partnership - Preliminary Plat for Maple Hills 2nd
Addition.
Planning Coordinator Jane Kansier presented the information from the Staff Report dated August
26, 1996.
The City received an application for preliminary plat to be known as "Maple Hills Second
Addition". This site is located directly south ofCR 42, about 1/4 mile east ofChatonka Beach
Road. There are two main issues with this development. First of all, municipal services are not
immediately available to the site. Development of the site depends on the extension of services
in CR 42, which is scheduled for 1998. For this reason, the applicant has requested a two (2) .
year approval period for the preliminary plat. The Subdivision Ordinance requires a developer to
submit a final plat within one (1) year of the preliminary plat approval by the Council. The
question is whether or not a preliminary plat should be approved for an area without these
services. The applicant will also have the option of extending the services, with the
understanding that any additional, cost to the City would be his responsibility.
MN082696.DOC
PAGES
Ebenezer Ridges, Prior Ridge, and Rich Valley
Adult Day Centers
For the adult who may be:
* Lookingfor activity andfriendships
* Desiring spiritual or emotional support
* In need ofhealth monitoring or personal care
Activities/Services include:
* Crafts * Exercise
* Games * Special Entertainment
* Baking * Woodworking
* Personal Cares * And so much more!
Registered Nurse on staff provides:
* Health and blood pressure monitoring
* Skilled nursing services
* Medication assistance
Rehabilitation Therapy provided by Courage Center at Ebenezer Ridges
Hours Available: Ebenezer Ridges 7:00 - 5:00 M-F
Rich Valley 8:00 - 4:00 M-Th
Prior Ridge 8:00 - 4:00 M,T,Th
For further information, to arrange a center or home visit, please call Susan
Stenson (Ridges) 435-8116, Debbi Krohn (Rich Valley) 423-5926 or Cari
Niemi (prior Ridge) 435-8116
INTRODUCTION
Adult Day Care programs began in the late 1960's as an alternative to long term care. In
1969 there were approximately 20 adult day care programs nation wide. By 1989 the
number of centers had increased to 2000. Now in 1996, there are more than 3000 adult
day centers in the United States. Adult day centers provide services that allow individuals
to continue their independent living arrangement and maintain their community ties. The
day center also helps relieve families from the responsibilities of 24 hour care. The
Ebenezer Ridges Adult Day Center in Burnsville, :MN, which is licensed for twenty-two
clients daily has been providing day services for the past thirteen years. The Rich Valley
Adult Day Center of Rose mount, :MN opened in 1994 and is presently licensed for
eighteen clients per day. Ebenezer Ridges Care Center proposes to expand our day
services by creating an additional center in Prior Lake.
SITE LOCATION AND LICENSURE
The proposed site for the adult day center is located at the Assembly of God Church in
Prior Lake, 6880 Boudin Street NE. The site will be licensed by the State of Minnesota
Department of Human Services to initially serve twelve clients daily from the Prior Lake,
Jordan, New Prague, Savage and Shakopee areas. We anticipate growth of the day center
to provide services for twenty-five clients daily.
DAILY OPERATIONS
The center will initially be open Monday, Tuesday and Thursday, 8:00 am to 4:00 pm. A
staffing ratio of 1 staff person to eight clients is used. This is based on the clients who are
capable of appropriate action for self preservation in an emergency.
SERVICES OFFERED AT THE SITE
Special program activities will emphasize social interaction, exercises, music, and seasonal
events. There will also be a nutritional noon meal and snacks. Volunteer opportunities
will be available with training from the Ebenezer Ridges Care Center Volunteer Director.
If a client wishes to have bathing or beauty shop services, they may be obtained at the
Ebenezer Ridges Adult Day Center.
NEED AND EXPECTED GROWTH
Ebenezer Ridges Care Center operates two Adult Day Centers, both of which are located
in Dakota County. There are no adult day centers presently in Scott County, but market
analysis and current utilization supports the need for a site in Prior Lake. The following
information documents when the other centers started and the growth they have
experienced.
RIDGES DAY CENTER
The Ebenezer Ridges Adult Day Center opened June 20, 1983 with:
* 7 enrolled clients
In January 1990 there were:
* 30 enrolled clients
* 13.9 average clients daily (open 22 days)
Currently (July 1996) there are:
* 41 enrolled clients
* 20 average clients daily (open 22 days)
RICH VALLEY DAY CENTER
The Rich Valley Adult Day Center at the St. John's Lutheran Church ofRosemount
opened August 17, 1994 with:
* 4 enrolled clients
In January 1995 there were:
* 8 enrolled clients
* 4.8 average clients daily (open 8 days)
Currently (July 1996) there are:
* 21 enrolled clients
* 10 average clients daily (open 18 days)
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
8-A-2 (\ !?J.7
DONALD RYE, PLANNING DIRECTOR ~
CONSIDER APPROVAL OF ORDINANCE 96-24 TO
PERMIT GAME ROOMS IN THE B-3, GENERAL
BUSINESS DISTRICT
SEPTEMBER 16, 1996
The applicants filed an application for an amendment to the
zoning ordinance section of the City code to allow
"arcades" in the B-3 zoning district. The code provides that
uses not specifically listed in the code are prohibited and
that the Planning Commission may consider a request for
an unlisted use to determine what district, if any, would be
an appropriate place for the proposed use and what
conditions should be applied to the establishment of such a
use (Section 5-2-5). The Planning Commission conducted a
duly noticed public hearing on the proposed use on August
26 and recommended that the Council amend the City
code to allow game rooms as a conditional use in the B-3
district.
The attached Planning Commission minutes contain the
discussion and comments elicited at the public hearing. The
primary concern expressed at the hearing had to do with the
potential harmful effects of numbers of young people
congregating near existing businesses in the area. The
Commission concluded that many of the related problems
with such uses are a function of the quality of the
management and were not properly a subject of regulation.
The conditions attached to game rooms are in addition to
the general conditions applied to all conditional uses and
are intended to deal with some of the potentially
problematic aspects of such uses. If these conditions prove
to be inadequate, the Council always has the option of
reviewing the conditions and amending them as necessary
to deal with unforeseen circumstances.
The primary issue here is land use compatibility. Staff
believes that the conditions imposed on the use are
sufficient to deal with the potential problems associated
with such a use. The Council has the option of adding
16200 €f~k6~~9k~~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING REPORT
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4B
CONSIDER ZONING ORDINANCE AMENDMENT TO
PERMIT ARCADES IN THE B-3, GENERAL
BUSINESS DISTRICT
N/A
DONALD RYE, PLANNING DIRECTOR
_X_ YES _NO-N/A
AUGUST 26, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION: The applicant has applied for an amendment to the zoning ordinance
to allow "arcades, billiards/pool, equipment, etc." as a permitted use in the B-3 General
Business District.
BACKGROUND: Some time ago, staff was asked by the management of Priordale Mall
whether a video game arcade was permitted in the Mall. Staff informed the management
that this was not a permitted or conditional use in the B-3 district and, if they wished to
pursue the issue, it would be necessary to seek an amendment to the zoning ordinance.
The applicants came to City Hall and discussed the procedure with staff and subsequently
filed this application.
The ordinance provides that a use not specifically designated as a permitted or
conditional use anywhere in the City is considered prohibited and authorizes the Planning
Commission to initiate an amendment to the ordinance if it finds, after due consideration,
that such a use is acceptable and whether it should be a permitted or conditional use.
DISCUSSION: In a letter in support of the application, the applicant clarified their intent
as to what type of business they wished to open. In addition to video games, they also
propose pool tables, dart games and other electronic games. In addition, they would
include a concession area for snacks and soft drinks, a small retail area for T-shirts, game
supplies and so forth, and a meeting and conversation area. The intent is to provide a
gathering place for young people in the City which provides a variety of functions.
So-called video arcades became popular in the late 1970's and early 1980's. The initial
reaction of many communities was not favorable towards such uses and, as a result,
imposed strict regulations on the establishment and operation of these uses. Over time,
some communities realized that such uses, in and of themselves, were not necessarily
problematic and that problems associated with these facilities were more often the result
of the quality of management. Nevertheless, the potential for some problems remain,
based largely on location and hours of operation.
16200 ~~~P~~&. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The application is not limited to a video arcade but includes other elements as well as
noted above. The question then becomes what to call the proposed land use for regulatory
purposes and what elements of the use should be used to develop a definition for it.
Presently, the B-3 district allows retail, eating and drinking establishments, commercial
recreation and recreation equipment sales, service and repair as permitted uses and places
of assembly as conditional uses. While the proposed use has some characteristics of all of
these uses, the relatively large area proposed for pool and other games would lead one to
call it a pool hall or game room with incidental retail sales and snacks for sale. The
commercial recreation category would appear to be the best descriptor of this use but the
definition of commercial recreation in the ordinance limits it to large scale, outdoor
activities which do not require sewer and water and includes fairs, shooting ranges and
airports. I t is apparent from the definition that indoor commercial uses were not
considered to be part of commercial recreation.
The ordinance does not deal well with mixed uses. The PUD section of the code allows
for a mixture of housing types, religious and educational facilities and commercial and
industrial uses in a PUD but it does not provide direction, criteria, standards or criteria
which direct how this should be accomplished. The code is silent on how this should be
handled in a Business District.
ISSUES
Location- Often, with recreation facilities, there is a concern about the location of the use,
particularly its proximity to residential land uses. These uses sometimes are problematic
because of relatively high activity levels associated with the use and sometimes generate
a significant number of complaints. There may sometimes be problems associated with
the use if it is in a free-standing building as opposed to being in a multi-tenant building.
Staff has already heard concerns expressed over the use being located in the Mall by one
of the Mall tenants. Whether this concern is justified is not possible to predict because of
the variables involved. However, there is at least the perception that such a use in close
association with other uses may result in problems. This is exemplified to some extent by
the recent action of the Mall Of America in barring youths under the age of 16 from the
Mall on weekends.
Parkin~- If there is only one principal use involved, the determination of parking
requirements is relatively simple. However, in this case, there are what appear to be
several principal uses in the proposed facility and the determination of required parking is
more difficult because of the lack of direction in the ordinance. Most ordinances contain
some guidelines for parking determinations when there are multiple uses in one tenant
space, but the current code does contain such a provision. Even if the use was permitted,
there is no easy way to determine required parking.
Hours of Operation and Activity Levels- Some pool halls and video arcades are open for
extended periods of time while others operate hours similar to most other businesses.
ARCADE. DOCIDR
2
Recreation-oriented uses tend to stay open longer than retail or service uses, primarily in
order to provide opportunities to those people who work hours different from 9 to 5. This,
in conjunction with the often higher activity levels of these uses, can create problems if
located close to residential property. Some communities have addressed this by imposing
controls on the hours of operation and have imposed spacing standards between such uses
and residential uses as a means of minimizing the potential adverse impacts on residential
uses.
Compatibility with Other Uses in the Same ZoniOi District- The B-3 District is the
general business district in the City and permits a wide variety of uses with very different
characteristics. Many of the uses would be considered "heavy" uses in that they generate
significant amounts of traffic or have nuisance characteristics not common to other
business uses. The proposed use has similar characteristics to restaurants, health clubs
and theaters, although, over the course of a day, the proposed use will likely generate less
traffic than the other uses. The discussion under Location above touched on what some
perceive to be a compatibility issue, but in many respects, this may be more of a
management issue than a land use issue.
Proper Zonin~ Treatment- There are several questions dealing with the best zoning
treatment of this use. From a district standpoint, the B-3 District as it currently exists, is
the proper district. One question is whether the use should be narrowly defined along the
lines proposed by the applicant or whether the ordinance should consider a broader class
of private recreational use and include the proposed use in this broader category. While
staff favors the latter approach, it may be better to attempt this as part of the development
of the new zoning ordinance. The B-3 could be amended to include the use as proposed.
Another question relates to how strictly the City should control the use. Should the use be
conditional or permitted? Should the City impose restrictions on hours of operation?
What parking standards should be imposed? Should proximity to residential uses be
regulated?
Staff believes that it is appropriate to establish game rooms (video arcades, pool halls) as
conditional uses in the B-3 district, subject to the following conditions in addition to
those all conditional uses must meet:
. The hours of operation shall be limited to between 9:00AM and 10:00PM.
. Such use shall be located at least 150 feet from the nearest residential structure.
. Parking shall be calculated based on all uses within the structure or tenant space,
using parking standards in the code.
ALTERNATIVES:
1. Recommend approval of the attached ordinance amendment
2. Recommend denial of the attached ordinance amendment
ARCADE. DOCIDR
3
3. Recommend approval of the attached ordinance with specific modifications
4. Continue the case for later consideration of specific issues
RECOMMENDATION: Alternative 1
ACTION REQmRED: Motion to recommend approval of attached ordinance
ARCADE.DOC/DR
4
PLANNING COMMISSION MINUTES
August 26, 1996
[IDoom~u
1. Call to Order:
The August 26, 1996, Planning Commission meeting was called to order by Chairman Criego at
7:02 p.m. Those present were Commissioners Vonhof, Stamson, Wuellner and Criego, Planning
Director Don Rye, Planning Coordinator Jane Kansier, Acting City Engineer John Wingard and
Recording Secretary Connie Carlson.
2. Roll Call:
Stamson
V onhof
Criego
Wuellner
Kuykendall
Present
Present
Present
Present
Absent
3. Approval of Minutes:
Corrections to the August 12, 1996 Minutes:
Page 2, clarify Mr. Stolcer's comments.
Page 3, re: Case #96-071 Dave Smith, Wuellner's comments change to say "We approved the
setback from the street." (not the garage).
MOTION BY VONHOF, SECONDED BY STAMSON, TO APPROVE THE AUGUST 12,
1996, MINUTES.
Vote taken signified ayes by V onhof, Criego, Wuellner and Stamson. MINUTES APPROVED.
4. Public Hearings:
Case #96-075 Sue Stang - Text Amendment to the Zoning Ordinance to Section 3.1 to
Allow Arcades in the B3 Zoning District.
The hearing was open and a sign-up sheet was circulated to the public. Planning Director Don
Rye presented the information from the Staff Report dated August 26, 1996.
The applicant applied for an amendment to the zoning ordinance to allow "arcades,
billiards/pool, equipment, etc." as a permitted use in the B-3 General Business District. Staff
was asked by the management of Priordale Mall whether a video game arcade was permitted in
the Mall. Staff informed the management this was not a permitted or conditional use in the B-3
district and, if they wished to pursue the issue, it would be necessary to seek an amendment to
the zoning ordinance. The applicants came to City Hall and discussed the procedure with staff
and subsequently filed this application. The ordinance provides that a use not specifically
designated as a permitted or conditional use anywhere in the City is considered prohibited and
authorizes the Planning Commission to initiate an amendment to the ordinance if it finds, after
MN082696.DOC
PAGEl
[IDOO&~~
due consideration, such a use is acceptable and whether it should be a permitted or conditional
use.
Staff believes it is appropriate to establish game rooms (video arcades, pool halls) as conditional
uses in the B-3 district, subject to the following conditions in addition to those all conditional
uses must meet:
. The hours of operation shall be limited to between 9:00 AM and 10:00 PM.
. Such use shall be located at least 150 feet from the nearest residential structure.
. Parking shall be calculated based on a~l uses within the structure or tenant space, using
parking standards in the code. '
Comments from the public:
Sue Stang, 4818 Bluff Heights Trail, stressed this youth center is not strictly an arcade and will
be an adult supervised facility. The center will be open to 17 year olds and younger. They will
follow the times established in the ordinance curfew section and will set hours as follows:
Saturday and Sunday: 10:00 a.m.- 8:30 p.m., Monday - Friday 2:00 p.m. -8:30 p.m. and stay
within the 9:00 curfew.
Lyle Durr, 4680 Tower St. SE, owner of Kathryn's Hallmark in the Priordale Mall said
customers came in and stated with the center being located in the mall, they are concerned about
teenagers loitering around the parking lot and access to mall with a bunch of kids. He is hopeful
the business owners will take care of these issues. His business is located across the hall and his
concern is for the noise coming out into the hallway which could disrupt other businesses. Mr.
Durr said there are limited bathroom facilities in the mall. His main interest is for his customers
and the safety for children with a proper facility to come to.
Comments from the Commissioners:
V onhof:
. First concern is for the game room, the surrounding area and the problems that occur with
loitering and parking concerns.
. Rye said the parking issue is for the mall management. If the concern is people coming to
the mall and sitting around the parking lot, the management will have to deal with the
problem as a private owner. The City can limit speed if there is a danger to the public, health
care and welfare. There is an ordinance for loitering occurring after curfew.
. As a conditional use, the City puts specific conditions and restrictions on the use.
. Rye said it depends on conditions and legitimate concerns. The City can design specific
conditions to address potential or procedural problems.
. Most appropriate under the B..;3 Zoning district.
. Definition for game rooms addressed.
. Would like to see at least one adult on premises at all times.
. Hours of operation should be consistent with the curfew ordinance.
Stamson:
. Agrees with the type of facility.
. B-3 is the appropriate district.
. Parking requirements should be consistent with bars/restaurant.
MN082696.DOC
PAGE 2
.
Noise is a management issue.
Not fair to make other people responsible for incidents off site.
Agrees with closing times but more flexible. Churches and other organizations rent
establishments for over night use.
Building code requirements for restrooms. Depends on occupancy load. Building Code will
address issue.
Adult on premises condition.
illJOO&~V
.
.
.
.
Wuellner:
. There is a need for a youth facility. Ifron well will be an asset for the community. The
responsibility will fall on the management.
. Right facility for B-3 district.
. Adult on premises. Define adult as 21 years old.
Criego:
. Stang addressed several issues including age control. Parents or legal guardian will have to
register the child. The regulations and rules will be given out at that time and the child will
be issued an ID card. This maintains a record of any problems with kids. There will be strict
rules. An adult over the age of 21 will be the on premises at all times. Also, there is no
admission charge. The access to the center will be strictly outside.
. Questioned noise issue into the mall area. Stang said all the machines have volume controls.
. B-3 district is allowed.
. Condition for adult as over 21 years.
. Condition noise is contained - not to cause problem.
. Agrees with registering patrons.
. Agree to stay within curfew limitations.
MOTION BY VONHOF, SECOND BY WUELLNER, TO APPROVE ORDINANCE
AMENDMENT 96-XX, THAT GAME ROOMS BE ADDED TO CITY CODE SECTION 5-1-7
AND 5-3-3 AND AMENDING SECTIONS 3.2 AND 8.1 OF ZONING ORDINANCE 83-6.
AMEND WITH THE FOLLOWING CONDITIONS. 1) THE HOURS OF OPERATION TO BE
CONSISTENT WITH THE CITY OF PRIOR LAKE'S CURFEW ORDINANCE. 2) THE USE
SHALL BE LOCATED AT LEAST 150 FEET FROM THE NEAREST RESIDENTIAL
STRUCTURE. 3) PARKING SHALL BE CALCULATE BASED ON ALL USES WITIllN
THE STRUCTURE OR TENANT SPACE, USING PARKING STANDARDS IN THE CITY
CODE. 4) THERE SHALL BE AN ADULT OVER THE AGE OF 21 ON PREMISES AT ALL
TIMES DURING THE HOURS OF OPERATION.
General Discussion:
. Hours of operation - The ordinance curfew section will address church groups.
. Registering patrons is part of management not a land use issue. Registering should not be
part of the ordinance.
. May want to incorporate in the future.
. Rye addressed the school groups and curfew issues - there are provisions exempting church
group sponsored activities with accompanying adults.
Vote taken signified ayes by Vonhof, Wuellner, Criego and Stamson. MOTION CARRIED.
The public hearing was closed.
MN082696.DOC
PAGE)
additional conditions as it deems necessary to deal with the
unique aspects of conditional uses and the particular
location of such uses.
ALTERNATIVES: 1. Adopt ordinance 96-24
2. Deny ordinance 96-24 and direct staff to prepare a
resolution of denial with findings
3. Defer to a date certain for specific reasons
RECOMMENDATION: Alternative 1
ACTION REQUIRED:
Motion to ADOPT ORDINANCE 96-24 ( Two-thirds
majority required)
Reviewed By: Frank. Boyles, City Manager
L
CC91696.DOC/DR
2
CITY OF PRIOR LAKE
ORDINANCE NO. 96-24
AN ORDINANCE AMENDING SECTIONS 5-1-7 and 5-3-3 OF PRIOR LAKE
CITY CODE AND AMENDING SECTIONS 3.2 and 8.1 OF PRIOR LAKE
ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7 and 5-3-3 of Prior Lake City Code and Sections 3.2 and 8.1 of Prior Lake
Zoning Ordinance 83-6 are hereby amended as follows:
Section 5-1-7 of the Prior Lake and Section 3.2 of Prior Lake Zoning Ordinance are
amended by adding the following definition:
GAME ROOM. An establishment offering various mechanical and electronic games for
use by the public for a fee. Such use may also include sale of food items and merchandise,
either incidentally or as another principal use in the same building or tenant space, and
also some assembly or meeting space.
Section 5-3-3 of the Prior Lake City Code and Section 8.1 of the Prior Lake Zoning
Ordinance are amended by adding the following to the list of Conditional Uses in the B-3
General Business District:
Game room, subject to the following conditions:
1. The hours of operation shall be consistent with Section 10-3-10 of the City Code
relating to curfews.
2. The use shall be located at least 150 feet from the nearest residential structure.
3. Parking shall be calculated based on all uses within the structure or tenant space,
using parking standards in the City code.
4. An adult over the age of 21 shall be on the premises during business hours in a
supervisory capacity.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
City Manager
Mayor
16200 ~b-'a-~~IS.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Published in the Prior Lake American on the _ day of
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue Prior Lake, MN. 55372
ARCADORD.DOCIDR
, 1996.
2