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uses. It was:ti~e f{eling of the consultants that 2.2% being available for adult uses in Ramsey would be acce~tabli: because Ramsey is half the size of Renton, Washington. However, when you calculate the a~outit of adult use zoning thru would be available in the urban area, the percentage increases to: [1% lind when you calculate the amount of space available in the business warehouse/B3business dislric( 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 tfiat would apply to an), nonconforming adult use as well as all other nonconforming uses within ~ d~stfi~t. Mr. Hartley .re'Plied 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 ~poU documented study, that posed a danger and threat to the welfare of the community, th~:n 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 ~e intent was to address adult use regulations. The proposed ordinance amendment will result in ~aking 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 busifless is conforming under the existing ordinance, then it will be accon-m~odated under the proposed Ordinance. Mr. Darryl FUlts of the Economic Development Commission was present and inquired if it was necessary to. r~vise the entire zoning chapter to address adult uses for presentation in court or if an adult use ordidance 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 flea ~ts much as possible. To not confine adult uses to a certain area jeopardizes economic de;vel°Pment. The next issue was to locate adult uses where other retail and entertainmen!i uses are currently permitted in Ramsey and those uses are primarily focused on Highway 10. i!To i~ot 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 ana the Judge has indicated that Ramsey may address the matter, but however it is addressed, ii better follow the letter of the law. The City of Anoka is not in front of a Judge and having their ~rdi~ance scrutinized. The next issue to ~'ocus on was compatible land uses with respect to ada, It uses. That led to the creation of the B3 district because the Highway 10 corridor was not of Su~fici~,nt size to accommodate the necessary area that the court will find acceptable for adult use oppbrtunifies. The alternative, at that point, was to open up the enti,r,e industrial area to adult uses, ~.n~_ that was felt to be too broad an action that would leave too man3 uncertainties as to where the adfilt uses would be locating. Based on that, it was determined to create a new district, the business .~are~ouse district, to accommodate uses in that area in addition to adult uses. Mr. Licht st.~ted ,that it was also his contention that Ramsey's present conditional use permit ordinance is highly subject to challenge because it lacks specific criteria to be used in evaluatin~ apphcanons. ;: When the Bo and Business Warehouse &smcts were being addressed, the ~ssue of conditional Use permits was modified to protect the City with proven, solid decision-making criteria. Tha~ 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