CCP 01-25-1999 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 4 . Historically what has developed, in all attempt to regulate the industry as a whole, is tlJe e recognition of the notion tlJat tlJere are adverse secondary affects from this type of business. A number of cities undertook studies to determine what these adverse secondary affects are and concluded tlJat they include all increase in crime and a decrease in property value. The role of the Planning Commission and the City Council is to determine if these recognized secondary affects would apply to the City of Arden Hills. Generally, if there is a rational basis to conclude that these affects would apply, Courts would uphold this decision. The second step is to determine to what extent tlJese adverse secondary affects should be regulated. Acting Chair Rye asked if what is being proposed would be a specific use within tlJe B-4 Zoning District. Mr. Ringwald explained it would be a special use within the B-1 and B-4 Zoning Districts. Acting Chair Rye requested confirmation tlJat there would be no explicit setback requirements other than the rationale of allowing them in the B-1 or B-4 Zoning Districts. Mr. Ringwald indicated tlJere would only be tlJe I,OOO-foot setback from a Residential Zoning District. Acting Chair Rye asked how tattoo parlors are handled within the City. He also asked if there would be any reason to handle tlJem differently, such as being more restrictive, or folding them into the Ordinance. Mr. Ringwald stated that this type of businesses would not need to be folded into tlJe Ordinance. This type of business is treated no differently tlJan any other, with tlJe exception of public health concerns which are handled by tlJe Rarnsey County Public Health Office. e Acting Chair Rye asked at what point did the Courts decide that this would be a protected use. Mr. Miller stated that, during a case in 1963, the Supreme Court made the distinction between obscenity and everything else. Commissioner Nelson asked iftlJe zoning map presented to tlJe Commission is the newest map. Mr. Ringwald stated that it is. Commissioner Nelson referred to the addition oftlJe NeighborhoodlBusiness Zoning District and asked why this does not appear on the map. Mr. Ringwald explained that the new zoning district was added under tlJe Comprehensive Plan. The Comprehensive Plan is a long range document and the next step is implementing it. Part of this implementation would include developing the NeighborhoodlBusiness Districts aIld changing the zoning on particular parcels. Commissioner Nelson asked if these changes would affect tlJe proposed Ordinance. Mr. Ringwald stated they would not. Commissioner Nelson noted that, ifBetlJel College has a seminary which would be considered a church, this would be in conflict with the separation from sensitive users restriction. Mr. Ringwald stated tlJat, in reality, if an adult use business were located in tlJat area, BetlJel Collage would no longer be there. Commissioner Nelson referred to the bottom of page 14 of the draft Ordinance and confirmed tlJat alcohol is not allowed at adult use businesses. Mr. Ringwald stated that this is correct. Commissioner Nelson wondered if this would be going a step too far. Mr. Ringwald indicated tlJat Staff felt tlJe restriction was consistent and appropriate. e