CCP 02-22-1999 - Laserfiche WebLink

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e e e ARDEN HILLS PLANNING COMMISSION - FEBRUARY 3, 1999 DRAFT 9 Commissioner Nelson asked if this was the reason for the conclusions of issue #9, Leasing and Ownership Information. Mr. Ringwald stated that it was not. He indicated that he had not been sure what the intent of the Planning Commission had been. He noted that the City would be obt~g the name of a property owner during the application process. Commissioner Sand noted that the initial definition of an adult use is that the business derives 25 percent of its gross monthly receipts or devotes 25 percent of its floor area to adult uses. He asked how the 25 percent figure had been established. Mr. Miller stated that this limitation had come from other Ordinances. Commissioner Sand wondered what would happen if a business attempted to avoid being regulated by this Ordinance by devoting less than 25 percent of its floor space or gross receipts to adult uses. For example a gas station which may decide to have a magazine rack, selling adult magazines, which involves only 10 percent of floor space. He asked if, under this Ordinance this would be allowable. Mr. Ringwald stated that it would be. Commissioner Sand asked if there were other Ordinances within the City which would control this type of situation. Mr. Ringwald stated that there was not. He stated that the 25 percent limitation is the standard and he would not recommend lowering this limit without a rational reason or further analysis. Commissioner Sand stated that he does not disagree with the percentage as it had been set according to factual experience and case studies. He stated that he had posed the issue so if it were to come up, residents would be aware of why this is allowed. Mr. Ringwald noted a good example of this situation would be a video store. He indicated that most video stores have a small section devoted to adult movies and these are generally not regulated. Mr. Miller noted that the process of regulating adult uses is currently evolving and it would be difficult to determine what requirements would be upheld by the Courts. He indicated that Commissioner Sand's example of a gas station would most likely fall under the adult bookstore regulation portion of the Ordinance. Commissioner Sand commented that, given the recent events in White Bear Lake, this Ordinance is needed. Commissioner Duchenes referred to Sections 3.05, c, 6; 3.06, b; and 3.15 of the Ordinance and noted there were references to corporation and partnership applicants. She suggested changing this to corporations, Limited Liability Company and other business entities since there are so many different forms of business entities. Mr. Ringwald surmnarized the comments made by the Planning Commission to the Ordinance. He confirmed that the Planning Commission agrees with Staffs comments regarding: clustering and \lay cares; eliminating the B-1 Zoning District; all the comments and suggestions regarding issues number four through eight; and include issue number nine, leasing and ownership information, in the application. He also confirmed the expansion of Sections 3.05, c, 6; 3.06, b; and 3.15 to include all corporations, persons, etc.