Agenda - 03-01-2016 - 6-a - Minutes

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8 1 b. Unified Development Ordinance Text Amendment—Sexually Oriented Businesses 2 - Closure of Public Hearing and Action (No Additional Comments Accepted) 3 The Board considered receiving the Planning Board recommendation, closing the public 4 hearing, and making a decision on text amendments to the Unified Development Ordinance 5 (UDO) initiated by the Planning Director to adopt regulations governing the development of 6 sexually oriented businesses. 7 Michael Harvey, Orange County Planning Supervisor, said this item is a continuation of 8 the public hearing, and noted the abstract contained the UDO outline form in attachment one; 9 excerpts from the Quarterly Public Hearing (QPH) and the Planning Board; a Planning Board 10 statement of consistency; and a proposed text amendment. 11 Michael Harvey said current zoning regulations do not establish locational criteria for 12 sexually oriented businesses and are actually prohibited. He said this prohibition is inconsistent 13 with state law which states this as a land use that can be regulated but not prohibited. He said 14 the proposed text amendment seeks to establish locational criteria and allowable general use 15 zoning districts. 16 Michael Harvey said the recommendation is to allow sexually oriented businesses in the 17 industrial medium and heavy intensity districts, specifically I-2 and 1-3. He said the setback 18 standards are designed to protect identified secondary sensitive uses such as schools, libraries, 19 single family residences, and daycares from the impacts that can occur from sexually oriented 20 businesses being located in a given area. He referred to several studies that support the need 21 for these setbacks. 22 Michael Harvey referred to page 7 of attachment 1, noting an inconsistency brought 23 forward. He said it was initially stated that there are no properties in the County zoned 1-2 or I- 24 3, but this is not accurate, and appropriate properties have since been located. 25 Commissioner Price said there seems to be inconsistency on page 48 and asked if 26 adult cabarets are allowed. 27 Michael Harvey said yes. 28 Commissioner Price said if they are allowed then page 45 is inconsistent, as it states 29 that the sale and consumption of alcohol is banned on the premises of an adult cabaret. 30 Michael Harvey said it is not inconsistent and the County chose to voluntarily 31 recommend a prohibition on the consumption of alcohol. 32 Commissioner Price clarified that alcohol is going to be banned in a bar. 33 Michael Harvey said no, that alcohol would be banned in an adult cabaret which is the 34 County's right by state law. 35 Michael Harvey said Commissioner Dorosin brought up this same concern during the 36 QPH, and he gave Commissioner Dorosin the same answer that there does not have to be a 37 regulation banning the consumption of alcohol, but it is the recommendation. 38 Commissioner Price referred to page 49, which addresses adult motels. She said this 39 seems absurd. 40 Michael Harvey said there are provisions in state laws that are not sane and the goal 41 here is to provide a definitional framework for what could constitute an adult motel versus trying 42 to reclassify motels throughout the County. 43 Commissioner Price said her only remaining concern is the issue of alcohol. 44 Michael Harvey said the provision was put there because the state law allows it but its 45 elimination from this ordinance text amendment does not impact the enforceability of the text as 46 a whole. 47 Commissioner Dorosin referred to page 26, noting it says there are no properties zoned 48 1-2 and 1-3, and he asked if that is incorrect. 49 Michael Harvey said yes, and there are zoned properties in Orange County that can 50 allow for these establishments.