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OCPB minutes 120215
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BOCC
Date
12/2/2015
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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OCPB agenda 120215
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Approved 1/6/2016 <br /> <br />4 <br />Michael Harvey: For the same reasons we regulate other businesses. We want to ensure there is a balance allowing 156 <br />for reasonable use of property. Sexually oriented businesses have identified secondary impacts that can affect 157 <br />adjacent property owners. What these regulations are designed to do is ensure they can be developed and not have 158 <br />an impact on those identified sensitive land uses. 159 <br /> 160 <br />Maxecine Mitchell: Are we legally able to restrict alcohol consumption from certain businesses? 161 <br /> 162 <br />Michael Harvey: State law grants local government the authority to regulate sexually oriented businesses including 163 <br />establishing regulations governing the consumption of alcohol. 164 <br /> 165 <br />Laura Nicholson: Are there any zoned properties in Orange County that would allow this? 166 <br /> 167 <br />Michael Harvey: Yes there are a few properties zoned that could allow for the development of a sexually oriented 168 <br />business. 169 <br /> 170 <br />Maxecine Mitchell: So if these lots are developed, any new sexually oriented businesses will need to get a property 171 <br />rezoned for this kind of land use? 172 <br /> 173 <br />Michael Harvey: That is correct if available property is developed for such a use. There is, however, available land 174 <br />area that could be rezoned to support such development. 175 <br /> 176 <br />James Lea: Will there be any substantial economic development impact from approval of the text amendment? 177 <br /> 178 <br />Michael Harvey: It depends on your point of view. There are those that might argue this regulation may impede the 179 <br />development of a commercial venture. There is also a possibility local businesses may have an aversion to having a 180 <br />sexually oriented business locating near them because of perception concerns and a desire not to want to see it. 181 <br />From my standpoint, however, I believe the proposed regulation is reasonable. 182 <br /> 183 <br />Lydia Wegman: Does anyone have any further questions or concerns before we consider a motion? 184 <br /> 185 <br />Laura Nicholson: I just wanted to say that I think you all did a great job of including everyone’s concerns from the 186 <br />quarterly public hearing. 187 <br /> 188 <br />Patricia Roberts: I still have concerns with regulating such businesses, especially how it is listed in the amendment. I 189 <br />feel that these regulations are strict. 190 <br /> 191 <br />Paul Guthrie: I don’t feel as if this text amendment is substantiated from a legal standpoint. 192 <br /> 193 <br />Lydia Wegman: If there aren’t any other questions let’s move forward with our first motion. 194 <br /> 195 <br />MOTION made by Buddy Hartley to approve changes. Herman Staats seconded. 196 <br />VOTE: 7 – 2 (Paul Guthrie and Patricia Roberts) 197 <br /> 198 <br />Lydia Wegman: Can you please state your reason for opposition? 199 <br /> 200 <br />Paul Guthrie: I disagree for the reason previously stated. 201 <br /> 202 <br />Patricia Roberts: I don’t think we should be so heavily restricting sexually oriented businesses. 203 <br /> 204 <br />Lydia Wegman: Should we go around the room to see if there are any concerns making the recommendations to the 205 <br />BOCC? 206 <br /> 207 <br />Maxecine Mitchell: I recommend it. 208
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