Agenda - 02-02-2016 - 5-b - Unified Development Ordinance Text Amendment – Sexually Oriented Businesses - Closure of Public Hearing and Action (No Additional Comments Accepted)

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3 13 1 • Studies have found sexually oriented businesses can have negative secondary impacts 2 on the surrounding area. 3 • Secondary impacts from such businesses can include increased levels of crime, sexual 4 deviance, prostitution, and negative economic impacts. 5 — STAFF COMMENT: These impacts can be addressed by the proposed 6 regulations. 7 • Studies have found consumption of alcohol at sexually oriented businesses contributes 8 to identified secondary impacts including crime, most notably prostitution, and increased 9 blight. 10 — STAFF COMMENT: This impact can be addressed by the proposed regulations. 11 • Proposed regulations are content neutral and do not restrict anyone's rights with respect 12 to engaging in a sexually oriented business activity. 13 14 Recommendation: 15 Recommendation(s): The Planning Director recommends that the Board: 16 1. Receive the request. 17 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments. 18 3. Refer the matter to the Planning Board with a request that a recommendation be 19 returned to the BOCC in time for its February 2, 2016 regular meeting. 20 4. Adjourn the public hearing until February 2, 2016 in order to receive and accept the 21 Planning Board's recommendation and any submitted written comments. 22 23 Commissioner Dorosin asked if the Planning Board had done any analysis, within the I-1 24 and 1-2 zones, to determine how many parcels of land would meet the requirements of the 25 mandatory setbacks. He asked if there are any locations where these businesses could operate 26 given the restrictions. 27 Michael Harvey said there are currently two properties within Orange County that will 28 allow for the development of sexually oriented businesses. 29 Commissioner Dorosin asked the County Attorney if having only two parcels of available 30 land would survive a legal challenge. 31 James Bryan said it is a risk and the more sites available the less risk there is. He said 32 there is no magic number. He said another variable to consider is the size of the property and 33 whether it could hold only one business, or be subdivided. 34 Michael Harvey said there are currently two properties but that does not prevent more 35 properties from being zoned for the use of sexually oriented businesses. He said existing 36 sexually oriented businesses would still be allowed to operate legally even if future construction 37 were to cause them to fall out of compliance with the required setbacks. 38 Commissioner Dorosin asked if the two currently identified sites could hold more than 39 one business. 40 Michael Harvey said the parcels could be subdivided with two or three businesses. 41 Commissioner Pelissier referred to the risk of alcohol consumption at sexually oriented 42 businesses and asked if there are provisions in place to insure that alcohol is not being 43 consumed in other businesses next door. 44 Michael Harvey said the industrial districts do not allow restaurants or bars as permitted 45 uses of property. 46 Commissioner Rich asked if the wording in the amendment could be changed to "place 47 of worship" rather than "church and/or place of worship". 48 Michael Harvey said yes. 49 Commissioner Rich referred to page 21 and asked for the source of the definition of the 50 "state of nudity". 51 Michael Harvey said from State law and example ordinances throughout the State.