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. . e ARDEN HILLS CITY COUNCIL - FEBRUARY 22,1999 11 undermine the root system of the hill. The builder who reviewed the property agreed that it would be difficult to construct a new home due to the lot size and configuration hardship. Councilmember Larson agreed that it had not been an easy decision for the Planning Commission and noted it was not an easy one for the City Council to make either. 3. Planning Case #98-36, City of Arden Hills, Adult Use Ordinance Discussion Mr. Ringwald presented the City Council with a bench handout depicting a minor modification to the Ordinance included in the agenda packet. The modification specifies the place in which the Ordinance is to be located within the City Code. Mr. Ringwald stated that the Planning Commission and City Staff have spent a great deal of time creating the proposed Ordinance #311 which would restrict adult uses within the City. The City Council on March 9,1998, adopted Ordinance #305 placing a one year moratorium on the siting of adult use establishments within the City of Arden Hills. This was to allow Staff to conduct a study and forward the conclusions of that study to the Planning Commission and City Council for consideration. The Staff previously provided the Planning Commission and City Council with studies completed by other cities and other information sources related to the regulation of Sexually Oriented Businesses. This information was the basis for how the Ordinance was developed. The Staff finds the characteristics of Arden Hills are substantially similar to those of the cities cited by the report when considering the affects of adult uses. The Staff finds that adult uses may have adverse secondary affects and these will diminish by the adoption of the regulations and allowing a reasonable opportunity for these uses to occur within the City. The Supreme Court ofthe United States, based on freedom of speech, prohibits municipalities from eliminating these uses from any community. Although these businesses have the right to locate within a community, the City has the right to dictate the time, manner and location in which they exist. The Planning Commission has stated that the adverse secondary affects are probable to occur and it would be in the City's best interest to adopt the resolution limiting them. At the January, 1999 Workshop, the Planning Commission had presented Staff with a number of questions which the Staff addressed at the February 3, 1999 Planning Commission meeting. At the Planning Commission public hearing in February the Planning Commission adopted two general modifications to the Ordinance. One was that the Bethel College B-1 Zoning District be eliminated on the reliance that the B-4 Zoning District would meet the judicial requirements of providing a reasonable opportunity for these to locate. One of the basis's for this decision was the City of Crystal case in which a lower percentage of available space passed judicial review.