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Attachment 2 11 <br /> Excerpt of November 23, 2015 <br /> Quarterly Public Hearing Minutes <br /> 1 DRAFT MINUTES <br /> 2 ORANGE COUNTY BOARD OF COMMISSIONERS <br /> 3 QUARTERLY PUBLIC HEARING <br /> 4 November 23, 2015 <br /> 5 7:00 P.M. <br /> 6 <br /> 7 The Orange County Board of Commissioners met with the Orange County Planning Board for a <br /> 8 Quarterly Public Hearing on November 23, 2015 at 7:00 p.m. at the Whitted Building, in <br /> 9 Hillsborough, N.C. <br /> 10 <br /> 11 COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and Commissioners Barry Jacobs, <br /> 12 Mia Burroughs, Mark Dorosin, Bernadette Pelissier and Penny Rich <br /> 13 COUNTY COMMISSIONERS ABSENT: Renee Price <br /> 14 COUNTY ATTORNEY PRESENT: John Roberts and James Bryan (Staff Attorney) <br /> 15 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley and Deputy Clerk to the <br /> 16 Board David Hunt (All other staff members will be identified appropriately below) <br /> 17 PLANNING BOARD MEMBERS PRESENT: Vice Chair Lydia Wegman and Planning Board <br /> 18 members, Herman Staats, Paul Guthrie, Laura Nicholson, Andrea Rohrbacher and H.T. "Buddy" <br /> 19 Hartley <br /> 20 PLANNING BOARD MEMBERS ABSENT: Tony Blake, James Lea, Maxecine Mitchell, Patricia <br /> 21 Roberts and Lisa Stuckey <br /> 22 <br /> 23 Chair McKee called the meeting to order at 7:12 p.m. <br /> 24 <br /> 25 A. PUBLIC HEARING ITEMS <br /> 26 <br /> 27 1. Unified Development Ordinance (UDO) Text Amendment -To review government- <br /> 28 initiated amendments to the text of the UDO regarding sexually oriented businesses. <br /> 29 <br /> 30 BACKGROUND: <br /> 31 As defined within NCGS 14-202.10 a sexually oriented business means, "Any <br /> 32 businesses, or enterprises that have as one of their principal business purposes, or as a <br /> 33 significant portion of their business, an emphasis on matter and conduct depicting, describing, <br /> 34 or related to anatomical areas and sexual activities." <br /> 35 The County cannot prohibit sexually oriented businesses outright but is afforded the <br /> 36 opportunity to regulate their location and certain operational characteristics in an effort to ensure <br /> 37 identified secondary impacts are mitigated. <br /> 38 Staff is proposing to amend the UDO to establish locational criteria for such businesses <br /> 39 including mandatory setbacks from identified sensitive uses (i.e. church, school, single-family <br /> 40 residence, etc.) while allowing for their development consistent with applicable State and <br /> 41 Federal requirements and prohibiting the consumption and/or sale of alcohol. In support of <br /> 42 recommended land use regulations, staff offers the following information with respect to <br /> 43 addressing identified secondary impacts. <br /> 44 Staff's review of these studies caused a conclusion that the secondary effects of <br /> 45 sexually oriented businesses have negative impacts on the surrounding area, in the form of <br /> 46 crime and property devaluation, which will be addressed by the proposed regulations. <br /> 47 Planning staff is recommending sexually oriented businesses observe a 1,000 ft. <br /> 48 setback from each other as well as identified sensitive uses (i.e. church, residence, playground, <br /> 49 etc.). Staff is recommending the setback for several reasons, including: <br /> 50 a. Referenced studies have found the clustering of such land uses in a given area could <br /> 51 attract an undesirable quantity and quality of transients adversely impacting property values, <br />