CCP 01-25-1999 - Laserfiche WebLink

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. e e e ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 3 The two areas available within the City of Arden Hills for adult uses were show on tlJe map in red. One area is the row of businesses on either side of Dunlap Street, between Red Fox and Grey Fox Streets, one block off of Lexington Avenue. The other area is a portion oftlJe BetlJel College campus. Other than these two areas, adult uses would not be permitted within tlJe City. WitlJ relation to tlJe available sites, there are no vacant properties within these areas. The City is required to provide areas for this use. These types of businesses must be allowed to compete as any other business would. Whether or not a particular property owner would be willing to sell property to this type of business is not an issue for tlJe City to deal with. The City must provide a reasonable percentage of the City to allow these uses. Upon reviewing other ordinances, Staff feels comfortable that the proposed areas meet tlJe requirements. Mr. Ringwald stated that the State Attorney General's Report, and other reports, have concluded that adult uses contribute secondary effects associated witlJ an increase in crime and a decrease in surrounding property values. The regulations of cities typically have a spacing requirement between an adult use business and sensitive uses. Sensitive users can be, but are not limited to schools, churches, day cares, parks, and single faInily neighborhoods. The spacing requirement is typically 1,000 feet. These areas within Arden Hills are primarily located within Residential Zoning Districts. Therefore, the Residential Zoning District is where Staff based the buffers from and based the Ordinance on. The regulations of cities typically have a spacing requirement of 500 to 1,000 feet from one adult use business to anotlJer, other times tlJere is an effort to keep them in one area. The approach proposed by Staff would keep tlJese uses in tlJe two areas previously mentioned. The regulation of cities typically regulate the conduct of patrons within the adult use business. The basis for this regulation is related to prevention of criminal activity or to public health concerns. These regulations typically deal also with the exterior appearance of the building and signage. This restriction generally limits the signs to simply naming the businesses. This limit is not inconsistent with Arden Hill's current sign regulations. There are license and investigative fees to ensure these operations would be owned, operated, and maintained in a consistent fashion. These are generally annual licenses which require investigations by tlJe police and reports to the City Council for renewal. Mr. Ringwald advised that the Planning Commission is to consider where tlJese types of uses should be located and does the regulation effectuate this goal. He tlJen invited City Attorney Miller to add any comments he may have. Mr. Miller provided a narrative oftlJe legal background of why the ordinance must be placed. He indicated tlJat, generally, this is an area which is protected by the First Amendment. In the 1960's, tlJe Supreme Court made a landmark decision in saying tlJat, if material can be defined as "obscene", that material can be regulated by municipalities. This decision was based on some extreme examples. Items such as sexually explicit fihns, books and magazines, and items generally considered pornography, which are not considered "obscene" are protected by the First Amendment. Therefore a City could not pass an ordinance which would prohibit all adult uses completely.