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ARDEN HILLS CITY COUNCIL - FEBRUARY 22, 1999 13 . Mr. Miller stated he used the basic core of an Ordinance and include bits and pieces from other City Ordinances. He noted that approximately 90% ofthe City Ordinances are essentially identical. The creation of the Ordinance involved the copying of other Ordinances as it had been determined that if the Ordinances are working for other communities they would work for the City of Arden Hills as well. Mr. Miller stated there is no guarantee that any Ordinance will withstand judicial scrutiny, particularly when it involves the First Amendment. The attempt by Staff was to make a reasonable determination of how much land must be allowed for these uses. The Staff had to consider how much area in Arden Hills is dedicated to industrial and business uses. Another consideration is for an area which is easily butTered from sensitive uses. Mayor Probst asked if Staff had any concerns for providing an attractive location for these uses to locate. Mr. Ringwald stated that the proposed location is not attractive for these types of uses. Arden Hills in general is not attractive as it does not have much commercial area. The major commercial area is Lexington Avenue and Country Road E which does not carry a great deal of regional traffic through it. These uses tend to prefer to locate along high volume roadways and the proposed location does not provide this. This is a result of having to buffer the adult establishments from sensitive areas. Since there is a great deal residential area in Arden Hills it would be difficult for this type of use to locate within the City. . Mr. Miller stated that one concern which had been raised by the Planning Commission had been to not allow the area to become a red-light district. This was addressed by a modification to allow only one use per building or parcel. He noted the Courts do not require a City to have adult use establishments and whether or not they locate in the City would be a function of the market place. This was the reason for eliminating the Bethel College B-1 Zoning District. It was determined that the market would not support this type of use being located on the campus. Mayor Probst referred to the summary which will be published in the official newspaper and asked how explicit this summary will be. Mr. Ringwald stated the summary was included on the last page of the agenda packet and it had been published for the public hearing. Councilmember Malone stated that some may wonder why this Ordinance needs to be adopted. He noted that the City must be concerned with the general welfare of the community. He pointed out that other businesses are restricted, such as fast food establishments not being allowed to be within a certain distance of each other. Councilmember Malone stated that, in reading the research, he too came to the conclusion that these uses could have a negative affect on the community. He agreed that it would be appropriate to adopt an Ordinance which would limit the impact. He expressed his belief that the Ordinance would not be unduly restrictive. . Councilmember Larson asked, for example, if a Home Depot wished to develop a big box establishment within the B-4 Zoning District, is the City required to keep available a certain amount of space for adult uses. Mr. Ringwald stated these businesses must compete in the