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uses. It was the feeling of the consultants that 2.2% being available for adult uses in Ramsey would be acceptable because Ramsey is half the size of Renton, Washington. However, when you calculate the amount of adult use zoning that would be available in the urban area, the percentage increases to 8% and when you calculate the amount of space available in the business warehouse/B3 business district, the percent of space available increases to 28.6%. Commissioner Deemer noted that in the proposed zoning amendment, it indicates that there is a sunset clause that would apply to any nonconforming adult use as well as all other nonconforming uses within a district. Mr. Hartley replied that on the advice of legal counsel, that particular section of the proposed ordinance has been modified to remove the sunset clause for all nonconforming uses except those that pose or create a hazard. Mr. Hartley explained that under the proposed ordinance if there was a use, based upon documented study, that posed a danger and threat to the welfare of the community, then the City would be able to initiate an amortization period. Mr. Gorecki stated that he doesn't understand why there are so many changes to the industrial district when the intent was to address adult use regulations. The proposed ordinance amendment will result in making a lot of the businesses in the industrial area nonconforming, but adult uses will be permitted. Mr. Licht replied that the proposed ordinance amendment does not do what Mr. Gorecki claims it does; if a business is conforming under the existing ordinance, then it will be accommodated under the proposed ordinance. Mr. Darryl Fults of the Economic Development Commission was present and inquired if it was necessary to revise the entire zoning chapter to address adult uses for presentation in court or if an adult use ordinance alone would have been acceptable. Mr. Licht replied that the initial focus was just to deal with adult uses and the first objective was to confine that area as much as possible. To not confine adult uses to a certain area jeopardizes economic development. The next issue was to locate adult uses where other retail and entertainment uses are currently permitted in Ramsey and those uses are primarily focused on Highway 10. To not be discriminatory is a great concern because Ramsey is under a microscope with respect to the question on adult uses. Ramsey is currently operating under a moratorium for adult uses and the Judge has indicated that Ramsey may address the matter, but however it is addressed, it better follow the letter of the law. The City of Anoka is not in front of a Judge and having their ordinance scrutinized. The next issue to focus on was compatible land uses with respect to adult uses. That led to the creation of the B3 district because the Highway 10 corridor was not of sufficient size to accommodate the necessary area that the court will find acceptable for adult use opportunities. The alternative, at that point, was to open up the entire industrial area to adult uses, and that was felt to be too broad an action that would leave too many uncertainties as to where the adult uses would be locating. Based on that, it was determined to create a new district, the business warehouse district, to accommodate uses in that area in addition to adult uses. Mr. Licht stated that it was also his contention that Ramsey's present conditional use permit ordinance is highly subject to challenge because it lacks specific cfitera to be used in evaluating applications. When the B3 and Business Warehouse districts were being addressed, the issue of conditional use permits was modified to protect the City with proven, solid decision-making criteria. That action made the conditional use permit terms in other existing districts substandard and it was decided at that point to address those areas also. That was what precipitated looking at Planning and Zoning Commission / October 22, 1990 Page 5 of 8