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Mounds View Planning Commission August 20, 2003 Regular Meeting Page 6 ____________________________________________________________________________ Director Ericson noted two proposed overlay districts had been discussed at the last Commission meeting and the Commission had questions and concerns that the size of the area was too large. He explained the City Attorney indicated it would probably not be defensible to create the overlay district using only the golf course, as such an action could be deemed arbitrary and capricious. Director Ericson also briefly examined what other cities were doing regarding this issue. He also questioned whether the City would be open to litigation if they limited the number of pawnshops allowed or included other land uses in such an overlay district. Director Ericson explained there was no threshold area; however, the City must be reasonable. He added he was not aware of documentation warranting an outright ban of pawnshops that would not meet a challenge. Director Ericson indicated there probably would be negative ramifications to setting up a multiple-use overlay district, as it could be viewed as irrational and not in the public interest. He added cities like New York City had eliminated their “red-light” districts. Director Ericson noted he had taken a second look at the proposed overlay districts after the last Commission meeting and had revised them into smaller areas. He discussed the two revised overlay districts, one consisting of 9.2 acres and the other consisting of 16.3 acres. He asked the Commission if this area was sufficient or if it was still too large. Director Ericson stated the Commission needed to decide where the overlay should be, how large it should be and what uses would be allowed within the overlay. He noted he should be able to bring a resolution to the next Commission meeting that indicated which area should be in the overlay and the uses allowed in the overlay. Commissioner Johnson asked about the yellow parcel on the map. Director Ericson responded that it represented Mounds View Square, which the Commission originally indicated as a site appropriate for pawnshop use. Commissioner Song stated the City certainly did not want a “red-light” district. Chair Stevenson noted this area was to be strictly pawnshop usage and “red-light” usage was not being discussed. He added he favored overlay option 1 if a choice had to be made. Commissioner Hegland, Commissioner Johnson and Commissioner Scotch agreed with Chair Stevenson. Chair Stevenson stated he was opposed to anything other than industrial in the mobile home area. He added he actually was opposed to an overlay district. Commissioner Hegland indicated the overlay district should not be any larger than the smallest business district in the City.