CCP 01-25-1999 - Laserfiche WebLink

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e e e ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 5 Commissioner Nelson referred to the hours of operation limit of 9:00 a.m. to midnight and asked if this is not too restrictive. Mr. Ringwald stated no, that this requirement is consistent with tlJe character of other similar businesses. Commissioner Nelson asked if other city ordinances have the sarne limitation. Mr. Ringwald explained that, while the hours may vary, otlJer cities do have this type of restriction. Acting Chair Rye asked if there are any otlJer places within the draft Ordinance where certain businesses are restricted on their business hours. Mr. Ringwald stated that liquor stores hours are limited as part of their liquor licenses. Commissioner Rye asked if a liquor license is issued by the State. Mr. Ringwald stated they are issued through tlJe City. Mr. Miller noted tlJat there are certain guidelines established by tlJe State and tlJe City has the option of being more restrictive. Commissioner Duchenes noted tlJat clustering restrictions were mentioned in tlJe Staff memo. She referred to page nine of tlJe draft Ordinance and stated that, under Location Restrictions, there is nothing restricting adult establishments from being located immediately adjacent to one another. Theoretically then, the B-4 Zoning District could become a "red-light" district if there is no clustering restrictions. Acting Chair Rye referred to the requirement for tlJe City to provide a reasonable percentage of the City to allow for these uses and asked, if tlJe separation restriction allows only one business a B-4 district, would the City meet the land mass coverage requirement. Mr. Miller stated that there is not a set percentage which the City must meet. The City must allow a reasonable arnount of property for adult use establishments. Acting Chair Rye asked if there should be a clustering requirement. Mr. Miller noted that the 1,000- foot separation requirement could possibly limit tlJe available areas to two establishments. Commissioner Duchenes stated she is still unclear whetlJer or not tlJere is anything to prevent tlJe Dunlap Street area from becoming a red-light district. Mr. Ringwald stated that, at this time there is not, only tlJe lack of market. Commissioner Duchenes asked if the City could limit tlJe number oflicenses which would be made available. Mr. Miller stated that he could not recall a case in which a City restricted the number oflicenses and tlJe restriction was challenged; however, tlJe staff would investigate this issue for them. Acting Chair Rye suggested the City could limit the number of licenses by the fee charged for the license. He asked if there is a limit on the arnount the City could charge for a license. Mr. Miller stated tlJat the fee must correspond to the actual cost accrued by tlJe City. Acting Chair Rye asked, if a community were concerned about this type of use and decided to pay a full time cop $80,000 to be on tlJe premises, could the City charge tlJe $80,000 for the license to recoup tlJe cost. Mr. Miller stated tlJat the intent of the Ordinance is to impose reasonable restrictions on tlJe adverse secondary affects of adult oriented establishments. If the City carne to the conclusion tlJat, in order to reasonably regulate the adverse secondary affects it must hire a full-time police officer. . The City can regulate tlJe adverse secondary affects by limiting hours of operation and