Minutes 11-23-2015 - Laserfiche WebLink

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Proposal: • Amend the UDO to allow such businesses within light and medium intensity industrial districts (I-1 and 1-2), — Staff is recommending these districts as there are typically less identified sensitive uses in proximity to industrial developments. • Require mandatory setbacks from identified sensitive uses (i.e. church, school, single- family residence, etc.), and • Prohibit the consumption and/or sale of alcohol. Where Allowed (map) Staff Findings: • Studies have found sexually oriented businesses can have negative secondary impacts on the surrounding area. • Secondary impacts from such businesses can include increased levels of crime, sexual deviance, prostitution, and negative economic impacts. — STAFF COMMENT: These impacts can be addressed by the proposed regulations. • Studies have found consumption of alcohol at sexually oriented businesses contributes to identified secondary impacts including crime, most notably prostitution, and increased blight. — STAFF COMMENT: This impact can be addressed by the proposed regulations. • Proposed regulations are content neutral and do not restrict anyone's rights with respect to engaging in a sexually oriented business activity. Recommendation: Recommendation(s): The Planning Director recommends that the Board: 1. Receive the request. 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments. 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the BOCC in time for its February 2, 2016 regular meeting. 4. Adjourn the public hearing until February 2, 2016 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Commissioner Dorosin asked if the Planning Board had done any analysis, within the 1-1 and 1-2 zones, to determine how many parcels of land would meet the requirements of the mandatory setbacks. He asked if there are any locations where these businesses could operate given the restrictions. Michael Harvey said there are currently two properties within Orange County that will allow for the development of sexually oriented businesses. Commissioner Dorosin asked the County Attorney if having only two parcels of available land would survive a legal challenge. James Bryan said it is a risk and the more sites available the less risk there is. He said there is no magic number. He said another variable to consider is the size of the property and whether it could hold only one business, or be subdivided. Michael Harvey said there are currently two properties but that does not prevent more properties from being zoned for the use of sexually oriented businesses. He said existing sexually oriented businesses would still be allowed to operate legally even if future construction were to cause them to fall out of compliance with the required setbacks.