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HomeMy WebLinkAboutOrdinance 2008-316 ORDINANCE NO. 2()08-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF THE LAND DEVELOPMENT REGULATIONS RELATING TO DEFINITIONS; AMENDING SECTION 265-37 OF THE LAND DEVELOPMENT REGULATIONS RELATING TO ADULT ENTERTAINMENT REGULATIONS IN THE TOWN CENTER DISTRICT (TCD) AND THE AMORTIZATION OF NONCONFORMING ADULT ENTERTAINMENT USES LOCATED THEREIN; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the regulation of adult entel1ainment uses within the City is necessary in order to assure the health. safety and welfare of the community; and WHEREAS. the City Commission has been presented evidence and reports concerning the adverse secondary affects of adult entertainment uses on a community. which reports are part of the official record of the City of Sunny Isles Beach and are on file with the City Clerk; and WHEREAS, based on those reports and studies that are believed by the City Commission to be relevant to the regulation of adult entertainment uses in the City of Sunny Isles Beach, the City Commission finds that adult entertainment uses are predisposed to the creation of unsafe and unsanitary conditions; that operators and employees of adult entertainment uses tend to participate in various offenses - particularly sex-related offenses - on the premises of such uses; that adult entertainment uses create substantial law enforccment problems; that the operational characteristics of adult entertainment uses have a deleterious effect on surrounding areas, resulting in neighborhood blight and reduced property values; and WHEREAS. the City Commission is aware of and respects the fundamental constitutional guarantees of free speech and free expression and realizes that restrictions of such freedoms must be carefully drafted and enforced so that speech and expression are not curtailed beyond the point at which it is essential to further the City's interest in public health. safety and welfare; and WHEREAS, adult entertainment uses may create a substantial law enforcement issues for the City's police department and require an increased police presence; and WHEREAS, the City Commission intends to minimize and control such adverse effects by allowing such uses to locate only in the City's Town Center District (TeD) on parcels with direct frontage on CoIl ins A venue. and with minimum distance restrictions to protect the public health, safety and welfare of the citizens of the City; and Words added underlined, words slfi8affi deleted (cd) Page I ,,1'6 WHEREAS, zoning ordinances mandating minimum distance separations between adult entertainment uses and other adult entertainment uses. and betwecn adult cntertainment uscs and incompatible uses such as schools or child care centers. or religious facilities. have been upheld by the United States Supreme Court in Young v. American Mini Theatres. Inc.. 427 U.S. 50 (1976) and City of Renton v. Playtime Theatres. Inc.. 475 U.S. 41 (1986), as a method of combating the secondary effects associated with adult entertainment uses. WHEREAS, this Land Development Regulations amendmcnt was reviewed by the Local Planning Agency which recommended its approval: and WHEREAS, thc City Commission has determined that adoption of this Ordinance is in the best interests of the citizens and residents of the City of Sunny Isles Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a speci fic part by this Ordinance upon adoption hereof. Such "WHEREAS" clauses constitute express findings of the Sunny Isles Beach City Commission. Section 2. Amendment. Section 265-5 of the Land Development Regulations is amended to read as follows: ABUTTING - To reach or touch; to touch at the end or be contiguous with: join at a border or boundary; terminate on. ADULT ENTERTAINMENT USE A. Any place in which a principal use is the exchange. for consideration in any form. monetary or otherwise, for profit or not-for-profit. of materials or exhibitions. including but not limited to books, magazines. photographs. performances. vidcotapcs, elcctronic media. or movies, which have as their dominant theme matters depicting. describing. demonstrating or relating to completely or to opaquely covered human genitals or pubic regions. buttocks. or female breasts below a point immediately above the top of the areola. or human male genitals in a discernibly turgid state. cven if completely and opaquely covered. or which have as their dominant theme matters depicting. describing. demonstrating or relating to human genitals in a state of sexual stimulation or arousal. acts of human masturbation. sexual intercourse or sodomy. or the fondling or other erotic touching of human genitals. pubic regions. buttocks or female breasts. B. Places which are considered adult uses shall include the location of any organization. association or establishment, including any public or private enterprisc. club. bar. loungc or nightclub in which a principal use is the exchange. for consideration in any form. monetary or otherwise, for profit or not-for-profit, of materials or exhibitions, including but not limited Words added underlined. words stfi'*'* deleted (cd) Page 2 ore, to, books, magazines. photographs. performances. videotapes. electronic media. or movies. which have as their dominant theme matters depicting, descrihing, demonstrating or relating to completely or opaquely covered human genitals or pubic regions. huttocks. or female breasts below a point immediately above the top of the areola. or human male genitals in a discernibly turgid state, even if completely and opaquely covered. or which have as their dominant theme matters depicting, describing, demonstrating or relating to human genitals in a state of sexual stimulation or arousal. acts of human masturhation. sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals. pubic regions, buttocks or female breasts. DISTANCE - For the purpose of regulating adult entertainment uses. distance shall be measured from the center of the main entrance of the adult entertainment business and follow the usual and customary path of pedestrian travel to the center of the main entrance of another adult entertainment use or religious facility or, with respect to schools and child care centers. to the nearest point of the school or child care property. Section 3. Amendment. Section 265-37 of the Land Development Regulations is amended to read as follows: ~ 265-37. Town Center Zoning District. A. Purpose. The purpose of the Town Center District (TCD) is to provide for the use and development of properties within the area designated in the Sunny Isles Beach Comprehensive Plan as the Town Center in a manner consistent with the Community Vision Statement and the policies and ohjectives of the Future Land Use Element of the Comprehensive Plan. The intent is to foster land assemblage into development sites of greater than three acres in size to promote integrated mixed-use development; improved site and architectural design that promotes safe and active pedestrian environments; interrelated and compatible land uses that encourage regionally oriented business and activities serving the City of Sunny Isles Beach. tourist populations and surrounding communities; and. the restriction of those uses and development patterns that are in conflict with these policies and objecti ves. B. District location standards. The District may be applied only to those properties or portions of those properties within the boundaries of the Town Center as designated on the Future Land Use Map in the Comprehensive Plan. e. Permitted uses. (1) No building or structure, or part thereof, within the district shall be erected. altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicahle standards and requirements contained in this chapter: (a) Multifamily apartments. (b) Hotels and motels. Words added underlined. words stfi4etl deleted (ed) Pag~ 3 () r 6 (c) Commercial services and retail goods, including spas and health clubs, beauty salons, clothing. florists. gift shops. banking services. pharmacy. newsstands. and restaurants. (d) Conferencing facilities and meeting rooms. (e) Of1ices, business, medical and professional. (f) Public and private educational facilities. (g) Parking lots and garages. (h) Public parks and recreation facilities. (i) Government uses. U) Adult entertainment uses. subiect to the following restrictions: (a) the adult entertainment use must be more than 500 feet from anv school. child care center or another adult entertainment use. and the adult entertainment use must be more than 250 feet from a public park; and (b) the adult entertainment use must not abut anv religious f~lcilitv; and (c) the parcel or lot where the adult entertainment use is located must have direct frontage on Collins A venue: and (d) The establishment of a new school. religious facilitv or child care center subsequent to the establishment of an adult entertainment use shall not disqualify the established adult entertainment use that is within the distance limitations; and (e) An adult entertainment use shall not be subject to the distance separation requirements for bars. taverns or lounges set forth in subsection (D) below. (I) Any adult entertainment use lawfully operating as of the date of this ordinance which becomes nonconforming by virtue of this section shall be permitted to continue for a period not to exceed five years from the date of adoption of this ordinance, unless terminated earlier for anv reason or discontinued for a period of ninety days or more. (2) All uses, if not prohibited below or specifically permitted above but which can he construed to be allowed under these permitted uses. shall be deemed permitted. D. Conditional uses. (1) Bars, taverns and lounges. provided that individual establishments shall not exceed 3.000 square feet in gross floor area. There shall be a three-hundred-foot distance separation between any two such establ ishments. Bars. taverns and lounges located within a hotel and without direct grade level exposure and access to the building front setback area shall not be subject to the distance separation requirement. E. Prohibited uses. The permitted uses listed in this district shall not be construed to include, either as a principal or accessory use, any of the following: (I) Pawnshops. (2) Automobile and light truck new sales agency or rental. Words added underlined. words ~n deleted (cd) Page 4 0 r (, (3) Automobile service stations. (4) Automobile self-service gas stations. (5) Automobile storage within a building. (6) Installation of automobile tires. batteries and accessories. (7) Automobile washing. (8) l.dult entertainmcnt as defincd in i\rticle II E-9j Apartmcnt hotels. Section 4. Repealer. All ordinances or part of ordinances 11l conflict hcrcwith be and the same are hereby repealed. Section 5. Severability. If any section, paragraph, sentence, clause. phrase. or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional. inoperative or void, such holding shall not affect the rcmainder of the Ordinance. Section 6. Inclusion in the Code. It is the intention of the Commission. and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part orthe code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions: and that the word "ordinance" shall be changed to "section" or other appropriate word. as required. Section 7. Etlective Date. This Ordinance shall be effective ten (] 0) days after adoption on second reading. PASSED and ADOPTED on first reading the I~~day of JJDv'eh\'nw 2008. PASSED and ADOPTED on second reading the ~ day ofbf.c.<i:n\Bt.e. 2008. ATTEST: ~ l\-~ .lane A. Hines, CMC. City Clerk Words added underlined. words stffi;1i€+l deleted (ed) Page) l)f 6 Vote: 4-0-\ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin - Absewt- Commissioner Goodman Commissioner Scholl Words added lInderlined. words SH'iekffi deleted (cd) Moved by V \ <:.R. rD~ JM 1\1..~ Seconded by: Cl\YY\~ SC.\{Ol-L v (Yes) 1../{ Yes) _(Yes) L/"(Y es) V(Yes) (No) _(No) _(No) (No) (No) Page h 0 r (, () <( w m C/) w ...J !Q :r: >- :!: z to z N ::J <( C/) ~ Ll- e 0 0 ~ ;; 0 U Ql C/) OJ C 0 N -- OJ OJ OJ E L: rn c 0 rn OJ Cl.. ~ Z <II C C t 0 .C OJ t5 0 .!!! > <II "C OJ OJ 0 <( CI) 0 .... .... c C 'Ot 'Ot N N C C 10 s: ('I) ('I) .0 'Ot 'Ot ~ N N >< 00 00 N m L: OJ .0 E L: ::J CD Ql Z .0 Q. E c >- 0 I- ::J t '- z OJ OJ 0 "C <II N 0 <( C en u - G CO 0 0 .,....,:..,.."c N 10 - ~ 0') e 0 - or- W or- ~ Q) . .... ...., ~ CO C t: ~ 0 .- ...., CO W (J .- ..= - .c reJ ::J a.. ( 8~ST R8\D\~G ) 26A I SUNDAY, NOVEMBER 9, 2008 WORLD IRAQ ..; I: OJ C o o ,.. I: co OJ '" o Co ~ Co ~ (; - "0 C. )( OJ ,.. co ~ ,.. I: co .= (; iii '" (; ~ OJ ~ 10 ~ l; ." OJ 10 ~ o '0 I: ,.. co E ;;;s o ~ ,; OJ 10 o :0 .5 OJ Cl co Co ." I: co ! co ." OJ .s I: o ." iii l; :t: E co :i OJ J:: t- .= ." ~ co OJ Co Co co ." co OJ .s - co .s OJ o I: OJ ." :;: OJ OJ > .in ;;;s U I: o o '" co ." OJ ." :;: ~ Co !! g Gi OJ J:: en W '" :<: t- HORE Sf:(URE: Iraqi students leave Baghdad University. The decision by some women to shun Islamic head cover shows residents are growing more confident. IIln Baghdad, children walk to school, cafes remain open after dark and young women are shunning Islamic dress - a sign residents are slowly losing some of their fear. MiamiHerald,com I THE HIAMI HERAlD Security gains bring cautious confidence NOTICE IS HEREBY GIVEN thBl theeI)' ComrMSlOIl ~ the City of Suooy Isles Seidl, Ftlrida,MllIloId'pl,lDII:healll'ginlhIlSln'1ylslesB8acllGov<<nn>enlCrlIer,DMl P. $amSGll ComnusslOfl o,ambef$, Hl070 CollIls AVlIflue, Sunny Isles Beech,FIorida. ooTotsdty, Novembtfll. 200B." B:30 p.m., 10 consider lhe Iolklwing proposed Qrdinanceoofif'SlJd1ing: AN <>RDlAANCE Of TliE CITY COMMISSION OF THE CITY OF SlJNNY lSLfS BEACH, FlORIDA. AA'EOONG SECTION 2f6-S Of THE LAND OEVEl.OPMENT REGl..ILATlONS RaAmG TO DERNfOONS; AMENDIf'fj ~TlON 265-31 OF ThE lAND OEVEI.QPt,lENT REGUlATIONS RELATING TO AlXA.T ENTERTAINMENT REGWTlOHS IN 1l1E TOWN CENTER Dlmw:t lTCDI AND l1-IE AMQRT1ZATl()toj Of N()NC(JNFORMIOO AOt)lT EtmRTAlNMENT USES LOC.ATEO TIlERElN; PflCMOlNG FOR REPEALER; PRO'Y1OING FOR sevERABll./T'f, PRCMDNG FOR INClUSION IN TIlE CODE; PF(MQlNG FOR AN EFFECTIVE OATE. lliS~ledlhalIhlsOfdNnc..i1bthtan:lonsecondand'nIIlMdiogbojlhtl.OCll PIanning~qllSweIlllSll1.CIyCommjssiCJnonOtcembtl 18, 2008. lnquiriesregar(jnglhilMrnmaybtdllldedlolhtClyCllllll.IlI:l6-192.1103. Acopyollhil!tlcun*" illl'I3iIabIt lor potU:: inspdon Wring nomIlII bush" hour! inCitt Hal. JeneA.HIlts,CMC,CIyCIIIIlc. AIIptlS01ls...inYttdloappearllltlisrneetlngOlbtrepreWlltdboj~agenl,OIto .~lhti'viewsin.rt'"!llltldresse;lIOlhtClyCormllSwndothtCIyClellc..Clyol Sl.my Isles Beach, 1801OCoAnsA\ltIIUt,Sunnylslt5 Btacfl,FIoridl,33160.ArPJPft"OO 'NIShingtolldchsSlhtCIyComITissiorl "Ipublichtltingis llSkedlo~tf'" thtCity Clerk by compIetll9 I public 5;NItlitfS' CMI prior 10 lhe'em blling'-d. TIlt r-ingon l~mIlIltfSllIlI'JbtconlinuedlllhisIll8lllI1llMdundlru;hc:irl::umsl1l'lCH, IdOtloNl~notr:evrouldnolbtproYided.IIIPtfS01'lclecidtSlOlppeallllydlOsion rnD bojtht CAyComrrmion IMttI nrsped 10 lWlY matt.- c::onsicIMd lit SI.ltIIlMIling. INy 'Nil nHdl rllCOfd oIlh1 proclfldings and.lorsuch plJflXJSl, mayMM 10 8IISUN1hIt I...roaWllrllCOfdolthtprooeedingsiSlIIIlde.lYhichrecoldinClodesthttestmony..d eWIlIflctuponv.t.ichthtl;Jp!a1islobt based. Thisnoll::tdotsnoteonst~ukIconS1nl bythtCitylorintrodoctionOl'a:lmmlonololhtrNlStilldmissiblllorirftlwlllllevidtnct, IlOrdots~IUIhoriZ.ch8jltrJoftsoreppealsl'(llolh<<WlStlllo'll'edbojll. InllClXln:lance'NiththeAnwicans'NithOlsabilrtIllSAct,all*sons..molrellisabl8d andwhoMedSlltCi&lK<<lIIIIIICdatiooslopMicipat.inll1i1meetngbtcIllMottNil disabllly shooldcon1l1CtthtCityManagerat305.94Hl606,llOlIIlerth..43 hourspriof toth.~'hd"inglmpaired,pIIIll!eteltphonethtfT'(""1II~.192.1!lg() 1or""i5l1nCe. BAGHDAD - Engineering student lIaifa.a Salman has discarded the Islamic head cover lOhe started wltaring two years ago after militants thrltatenltd 10 "punish" hltr if she kept showing up at col- lege with hltr hair uncovered. "I was lorced to wear it," the 22-year-old says, recalling the day in 2006 when two men on a motorbike stopped her outside campus 10 deliver the threat. But, she adds, "It's dilierent now, Lile is normal again. College women wear what they please. The extremist groups are gQnf'_" The decision by some women tn shun the Islamic head cover, or hijab, is just one of the signs thai S.1ghdad residents are growing increasingly confident in the past year's security gain~ Children with backpacks can be seen walking to school. Sidewalk cafes remain open after dark. Families stroll through parks in the sunset. But alter five years of vio- lence, many people are hesi- tant. "Things arc much better now:' said Ziad Mohammed, a 49~year-old government employee who lives in Karkh, a mainly Sunni Arab district on Ihe west bank of the Tigri~ "But fear is still inside me," he added. "I want to get rid of it. Maybe it will happen next year." For now, Mohammed con- tinues to escort his children to school and picks them up because he fears they could be kidnapped. Baghdad remains a very dangerous place, and much of the capital looks like a city at war, Giant billboards appeal for information to help arrest militants accused of "crimes again.c;t thlt Iraqi people," with grainy images of fugitives, mostly bearded men in their 20s and 3Os. "I will always be here:' declares a reassuring message on other billboards depicting an Iraqi army soldier tower- ing over two hoys in the back- ground. Miles of concrete blast walls and dozens of fortified checkpoints dissect the city. Some neighborhoods remain almost entirely wallltd off. and sectarian hatreds that boiled over into a bloodbath in 2006 and early 2007 sim- mer below thlt surface. A cautious Prime Minister Nouri a1 Maliki rejects calls to BANKUNITED HIGH-RATE SPECIALS PUT MORE MONEY IN YOUR POCKET :-..=--- -- -- -- -- ... -- -.- -- --. -- _m_ -- -- -.- --. ~DMl -- -~ ~~~~ ==- 5~ - -- -- -- - - -- ~ www.bankunited.com H177-779-BANK (2265) .ThI...........-...goy_(APY)."""".._d_......,......,...__~\CI~_e<:a>oII"O~._~"'__.'llIO,_""'*'-..........e.-.- to-lA._._2JlO'1l.A/>Y.ss.CIXI..3_~-'P'I,A~__d'15" ...~oeth_t:ydol....__oliUy_.""...._qdo__I:l.!IIXI.'.,..._~_(A/>..,._.dU.d~_...qoeIIO-.__._aa..-_dl2.5Oll.-.-10...............,.---........_,., _""'.SI_F_""'*'_..............._AlIar*1..fNed_-..__.-.:I.....____lDlIlI.......-N'Y.F'tnIInrII-~' Member FDIC 'It's dijJerelllllow. Liji' is lIormal again. College women wear what tile)' please. 'l11e extremist groups are gone, -H"IFAASAl.M"N,~11\IdHII remove the blast walls, which have been so effective in cur. tailing violence. "We will nOI take that risk," he said this month. "It can be a very costly gamble. Thli:Y will st<lY until we are satisfied thai we have total control over security." He is not the only one skeptical about thlt durability of the drop in violence in Baghdad - overall alt<lcks dropped to about 100 last month compan~d with nearly 650 during September last year, according to the U.S. military, "I don't want to remove a barrier and find out later that I had done so prematurely," said Col. Mark Dewhurst, the U.S. Army brigade com- mander in charge of most of Rusa(a, the mainly Shiite hall of the dty on the eastern bank of the Tigris. "I will only remove them if I can help the traffic flow and at the same time retain the same level of security," said Dewhurst, an Altus, Okla., native with the 10th Mountain Division. The director of 8;lghdad's National Museum, looted after the United States cap- tured Baghdad in 2003, also remains skeptical. Amira Eidan says the museum will stay closed to the public for up to two more years, until sL'CI.lrity in Baghdad is beUer, Even some of the women who are doing without the hijab fear the militantlO. They take the head cover of( only in certain neighborhoods. The secular look ofliberal- minded women has not escaped notice. "The clothes o( (em.ale uni- versity students these days are shameful and more revealing than party dresses," Sheik Muhannad al Moussawi said in a Friday prayer ser- mon in Baghdad's Sadr City district. Suheir Abbas, a 20-year- old Arabic literature student at Baghdad Univeuity, doesn't like that some of her female classmate~ come to class in revealing clothes. "WIi: live in a (ree country and everyone is (ree to wear whatever they want," she says. "But we live in a Muslim counlry, and the (li:eling~ o( others must be respected" Associated Press writer Saad Abdul.Kadir contributed to this rq>art. + CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning Agency, of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, December 18, 2008, at 6:30 p.m., to consider adoption of the following proposed Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-5 OF THE LAND DEVELOPMENT REGULATIONS RELATING TO DEFINITIONS; AMENDING SECTION 265-37 OF THE LAND DEVELOPMENT REGULATIONS RELATING TO ADULT ENTERT AINMENT REGULATIONS IN THE TOWN CENTER DISTRICT (TCD) AND THE AMORTIZATION OF NONCONFORMING ADUL T ENTERTAINMENT USES LOCATED THEREIN; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. A copy of this document is available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers' card prior to the item being heard. The hearings on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947- 0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792- 1590 for assistance. ~ "'~- - t..^"., 14 L.-oo& J 9~~:5~,~'V ) ~ ~O/YN\~M-~ Page 1 of 1 () <C w !Xl CIl "C en co W C ...J it; ~ !Xl >- - CIl Z - co Z - ::J en en "C IL. c: 0 <C 0 ~ ... - CIl U :::ii: CIl c 0 N -- CIl CIl Cl E ...: III c 0 III CIl a.. :a z C/) C c :e ,Q 'C CIl tl u ~ > C/) "C CIl CIl () <C (f) 0 .... .... 0 0 ...... ...... ...... ...... ClO ClO It') 3: en en an It') It') ol:l N N >< ClO ClO N !Xl ...: CIl .c E ...: ::J CIl Z CIl .c c.. E c >. 0 I- ::J :e L.. Z CIl CD 0 "C C/) N 0 <( E U5 () METRO & STATE SUNDAY, DECEMBER 14, 2008 I 5B D1 THE "IAMI HERALD I MiarlllHerald.com TECHNOLOGY State's gearheads are tinkering, tapping grid sound like works in progress. There's a "neighborhood electric vehicle" on the mar. ket called the Zenn (zero emissions, no noise), but its top speed is only 25 mph. It is sold at the Transportation Station in Clearwater. There's a high-perfor- mance electric sports car ca1l~ the Tesla, which can be yours for $109.000. Chevrolet is preparing to roll out an electric car called the Volt. but it's not available yet. A Tarpon Springs shop, Black Bay Technologies. hopes creative designs will set it apart. Company president George Keramas proudly points to an elegant black. three-wheeled chopper with a distinctive look: no motorcy- cle engine mounted on its (rame. This is the "electric trike,M powered by an electric motor and batteries that sit in a cube-shaped case between the rear wheels. The electric trikes retail (or $19,900, and Keramas said a dealer bought the fltSt two. estimated that about 56,000 electric cars were on the road in 2004 - less than one-tenth of 1 percent of total U.S. cars, not counting hybrid vehicles. RebirthAuto says it has sold 10 o( the $7,000 conver- sion kits. To Bourgeois, elec- tric cars make so much sense that he said he wonders why they aren't common. "It blows me away," Bour- geois said. "Why don't we have more cars that are elec- trified?" Electric cars date to the late 1800s, and once were more common than gasoline~ powered cars. To the average driver, they are still an oddity, but some believe that will change. Surely, gas prices will go up again. And advocates say electric cars cause far less air pollution, e\'en when pow~ ered by electricity irom coal~ fired plants. So besides the hobbyists converting old cars in their garages, some big manufac~ turers are rolling out electric vehicles, as well. But some llobbyists across Florida are in their gamyes converting old cars to run c()mplete~v on electricity. And some hupe expanded into small husinesse,,;; ready Jor (] new economy, tack. They're fashioning their own electric can, one battery at a time, without waiting for Detroit or Japan to catch up. Some of their friends say it's crazy to pour their dreams and sweat into cars that go only 25 to 50 milcs before they need to be plugged in for severnl hours to recharge, But Cronin, 47, says he loves saving money on gas and helping to preserve the environment. "It.s so simple, it's so clean," he said. He's proud of what he put together with his own hands. "I'm looking forward to building another one. M . For some crafty Floridians, eledric cars are hands-on creations that don't require a Detroit automakerto build. BY CURTIS KRUEGER The St PeIOfSb!J'VTimes ST. PETERSBURG - Cor- nelius Cronin bought a $900 Chevy 5-10 pickup and spent several weeks removing things he didn't like - mainly its dirty, gas-guzzling engine. He titted an electric motor and batteries under the hood and now purrs around Olds. mar in a red truck that uses no gas and emits no air pollu- tion. A dOC\lmentary ftlm asked: Who killed the electric car? Maybe a better question is: Who built the electric car? At a time when the federal government is investing in hydrogen fuel.cell research and big automakers are work. ing on more sophisticated hybrids, a growing number of creative tinkerers and small businesses around the Tampa R;,y area are taking a different - I: .. C o u >- I: ... .. III o e- " c. 2! o teries: He figures he's paying about 2.5 cents per mile, or 75 cents per recharge. He also has started selling the conversion kits through a new company, RebirthAuto. The 57,000 kits include the motor mount that they designed, and soon will include a specially designed controller that regulates thc electric power. pool heaters, TL'Chno-Solis, he had access to a full machine shop and some clever col- leagues, and an itch to try something new. So he bought two 1965 Volkswagen Beetles for 52,000 each and spent some time poking inside them and taking measurements. After the engines came out, he and his colleagues custom-built a special mount and installed an electric motor and batter- ies. The entire process, from design to driving, took about three months. Now Bourgeois drives an all-electric Beetle to work each day and said he doesn't mind that it needs recharging every 25 or 30 miles or so. That's less than his daily com~ mute, He also doesn't mind the cost o( recharging his bat. '0 is. >< .. >- ... ~ >- I: ... .5 .. o .n '" o ~ .. ~ ... .2: ~ 'tl .. ,. 2! u '0 I: >- ... E " o > ,; .. ,. U ;; .5 .. Cl ... C. 'tl I: ... .. ,. 'tl .. oS I: o 'tl ili ~ J: E ... ~ .. .I: I- .5 'tl 2! ... .. c. c. ... 'tl ... .. oS - ... oS .. U I: .. 'tl '> .. .. > 'iii " U I: o U III ... 'tl .. 'tl '> o Ii !!! g Qj .. .I: Ul W III :E I- AN ODDITY TO MANY Parts like these are scarce, which might explain why there are so few homemade electric cars. "This business has sort of been stuck in its infancy (or years," said Jef. (rey Jenkins. He's a partner in a business with Bourgeois to develop and sell electric con- version components. The U.S. Census Bureau LOOKING FORWARD Car buyers seem increas- ingly willing to try new tech- nologies like the hybrid Toy- ota Prius. But hybrids rely on gasoline even though they use electric power, as well. Some people are looking beyond the gasoline era. Like Sebastien Bourgeois. As president of a St. Peters- burg manufacturer of solar TALLAHASSEE E-mails detail behind-the-scenes college deal face an enormous task in cov- ering a cash shortage in the billions. It may not have been a good time to launch a pilot program in the education system. The chancellor of Flori- da's community college sys- tem, Will Holcombe, sup- ports the new program tbat allows some community col- leges to o{(er Bachelor's degrees. But he worries that the traditional two-year schools will be competing for iewer dollars with the new, expanded colleges. "It may well be we can't expand bachelor's access in the short term," Holcombe said. Herald/Times staff writer Steve Bousquet contributed to this report. Alex Leary can be reached at lear- y@sptimes.com Sansom's close ties to Richburg emerged three weeh's ago when thc spcah'cr took a SJ/O,OOO.iob lVorking]il/' Richbarg as vice president Jor planning at the collef/l', for the school has surfaced. Besieged by newspaper edi- torials calling for him to qui! Ihe job, Sansom has denied a quid pro quo. But the job, which was not advertised. was only offered to Sansom and it seeln.~ writ- ten to match the very pro- grams he helped create. "Make recommendations 10 the college president on the transition to the State College System," reads one o( his responsibilities. lie has a master's degree in education and said getting state money (or hometown institutions is common among lawmakers. The backdrop of the San- som story is a state budget in crisis. The weak economy has dried up the now of tn revenues and now lawmakers Legislature did, too. On June 12, Gov. Charlie Crist traveled to the Nicev. ilIe campus of Northwest Florida State College. A pha~ lanx of elected officials and educators watched as Crist signed the bill and then handed the Sharpie to San. sam as a memento. "We expect these pro- grams to be more a(fordable and cost.ef(ective than those at the state university level - and that's another benefit to both the taxpayers and the students:' Sansom said at the time. 'COUEGE. FROM lB that other college presidents were concerned. "The bottom line is a request for you to help shore up support of the speaker:' Richburg wrote on March 28. "If 1 am meddling, (orgive me - otherwise message deliv. ered." Sansom quickly replied, "I will get right on this." Neither Sansom nor Rich. burg responded to numerous requests (or an interview. Sansom asked for written questions and did not respond to those. The idea behind the stale college legislation was sim- ple: Create more four-year degree programs to meet shortages of teachers, nurses and other professions while allowing students with jobs and families to stay close to home. Odom's private airport man- ager said Odom planned to park jets in the building, but Odom dillputes that. College officials insist the facility will be used to train emergency workers. (or an emergency training center at Destin Airport. A Herald/fimes story last week raised questionll about the airport project, funded by a 56-million appropriation Sansom steered to the col- lege in the 21107 budget. The project seems nearly identical to one proposed by Sansom's friend, developer and Republican donor Jay adom. Odom sought state money (or an emergency operations center at the air- port that he could use to store his jets between disas- ters. Odom wasn't able to secure funding for his pro- ject, but soon after, Sansom got money for a hangar-sized building at Destin Airport to be owned by the school. COMING TO LIGHT Sansom's close ties to Richburg emerged three weeks ago when the speaker took a $110,000 job working for Richburg as vice presi- dent for planning at the col- lege. There is speculation Sansom, 46, will take over as president in a (ew years and Sansom has done little to dis- courage such talk. He has said that's an issue to address later. Since then, Sansom's record of getting state money ROUGH ROAD Getting there wasn't easy. Beyond the flurry of e.mails and lobbying lawmakers, Sansom and Richburg set up a meeting o( college trustees last March to sell them on the idea. "Think about a meeting in Tall. with you, the trustees of [Okaloosa-Walton College), and me to talk about the pro- posed college change and the system questions:' Richburg wrote Sansom on Feb. 12 The two men then collab. orated on a powerPoint pre. sentation Sansom would give the eight-member board. Sansom e-mailed the presen- tation to Richburg, who oUered extensive feedback. The meeting with trustees was scheduled for March 24, the day after Easter. As a public school, a meeting of the trustees must be open to the public, which requires advertising the time and place so people can attend. The college did provide pub- lic notice. with an ad that was published one week before the meeting, in a newspaper in Okaloosa County, 150 miles (rom where the meet- ing would take place. That was Richburg's idea: "It's probably the only way we can do it in privacy but with a public notice here," he wrote in his e-mail to San- ,om. Sansom's rapid response: "That would be greatll We can get a private room on the 6th floor at FSU," CRITICISM An (Jpen government expert criticized the action. "J still think it's a problem regardless of the notice pro. vided," said Barbara Petersen of the First Amendment Foundation, which advocates for open government with 5upport (rom newspapers. "Look at Richburg's state. ment 'it's the only way we can do it in privacy but with public notice hl!!re' - sl!!l!!ms to me that's a fairly clear statement of intent to avoid, as much as possible, public attendance and/or over- sight.H Just before that meeting, Sansom and Richburg swapped e-mails over another matter. Richburg suggested that when they all were together Sansom should thank the board for "accepting responsibility" + MIAHJ!!', tmlii'liiil PUBLIC NOTICE LIMITED ACCESS The program was at first limited to three politically connected schools. They were St, Petersburg College, which was the first to offer bachelor's degrees in 2001; Richburg'S Okaloosa-Walton College, as it was called then; and Indian River Community College, which had a strong ally in then-Senate President Ken Pruitt, R.Port St, Lucie. The bill caught some col- lege presidents by surprise, It was not on a list o( policy ini- tiatives by the Department o( Education and it set o(f a scramble by others wanting to get in on the special deal. ,oining the outcry last April was Eduardo Padron, president o( Miami Dade Colll!!ge, thl!! state's largest community college. which wasn't one of the original three schools. "What is hap- pening is a shame because this college has a majority of Hispanic and black [stu- dents] throughout the state," Padron told EI Nuevo Herald in an April 8 story. The school ultimately was included. Lt. Gov. Jef(Koukamp lob- bied successfully to include Edison College, near his hometown. "It (elt like the whole thing was intended to surprise us and put us 00 our heels so we couldn't respond," said Sandy Shugart, president o( Valencia Community College in Orlando, which is one o( the nation's largest produc- ers o( associate's degree5.. NOTICE IS GIVEN that a meeting of Ihe Miami-Oade Board of CoUlty Conmssionf!rs will be held at 9:30 NIt 00 Tuesday. [)e(2ntler 16. 2008.11 the Commission Chambef!,. located on the Second Floor oflhe Stephen P. Oart Center, 111 NW. First Street. Miami, F1ori:1a. wherel1, among other matten 0 be amsdered. a public: heamg wiI be held on the following proposedordtlanceslresolution$: CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NonCE IS HEREBY GIVEN that the City Commission. also sitting as 1M Local Planning Agency, of thlt City of S~y Isles Beach, FIorid8, will hold a plbIic hearing in Ihe Surny Isles Beach Government Cenler, OavidP. SamsonCommission~, 18070 Collins Averoe, Sunny Isles Beach, florida, on Thursday. December 18, 2008, et 11:30 p.m., 10 conslder adoption of 1M following proposed (lnjinarce: AN ORDINANCE OF THE CrTY COMMISSION OF THE CITY OF SUNNY lSUS BEACH, FLORIDA. AMENDING SECTION 265.5 OF THE lAND DEVELOPMENT REGULATIONS RElATING TO OEFlNlTl()I\I$: AMENDING SECTION 265.37 OF THE lAND DEVELOPMENT REGUlATIONS RELATING TO ADULT ENTERTAINMENT REGUlAT10NS IN THE TOWN CENTER DfSTRICT (TCD) AND THE AMORTIZATION OF NONCONFORMING ADULT ENTERTAINMENT USES LOCATED THEREIN; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILrT't, PROVIDING FOR NClUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries lllQan:ling lhis item may be din!lcted to the City Cler1o; at 305.792.'703, A ropy of lhis document Is availatH for public inspection Wring l'\Ofl'I'lal buslfless hoo..rs., City Hall. JBnlIA.Hines. CMC,CityCleril N.___Ced"'_._~orr..__by..--..",,,,._ 1""'_.. ....C"'lI _...,hltCllyeo.nn- cIol"'Ct, CloR. cCr aI StIw1t' ....e-:...l..roColo'lS...._.s..-r_e-:...~33l1l(J....",.~__ IO_""'Cllyeo.r-_.putIIic -.no ......,II>~""O>"'" CiI,on byoornpllOl"'ll.P<A*__.ca-dpnorlOl........bIOtnlI_n..~""'_ .......-r bit llOI'll""'" .''-..-ng _ .......""""~_ __109M __nolbit~r._...,.....kl"'I><l'II___by,hltC_r eonvn-.on..IltIOMpooctklany......._IlIlIO<dl_"'lI.,"""...._._ DI_~.....s.IorIO<dl~.onar_l<I_INIl._...._Dl_ ~."'-.......",_"""--IhItI..""""'___.......,.,.... ,OJll>Ul....bit_ n.,.,.,._nDl~.--.lby....ClrI"'_""'''' _DlOl__or_.._.__._..-.g.", __nDl..__by.... 1n.......-.o...."'hIt__...h~A<:I..._........__...... _opoalII~to~"lIlllI_"'lI~aI'l'>a~-"'>JId cotUCl....C.~Mon_.XI5-'iM1.0808.""_'_..""'"_klll..~;1 ~_-.,-....-'...TTV.....IlIl:JO!t.7t:!.'lolIOlor_...... OrdlnancH and RKoIlItlons' 'Resdution co-desIqnalilg SW 167th Avenue from SW 88th Street to SW10(1h S1reetas "ArdlbishopColeman F.CanoIAvenue" ,Resdution re~1iIg 10 an applicali:ln by Blue Palms Develqllnent, LLC for a Oass I Pemll to fill 0.509 acres of wel1ands for Ihe construction 01 a resktenlial development located along the OIeta River at 16375 Bisalyne Boulevard. Nor1h Miami Beadl. Miaffii.Oade Cou<<y."""" . ResoIulion codesignalilg S,W. 122ndAvenuofrom SW. 8th Street 10 S,W.10IhStreetas"RodolfoSantayanaAwnue" e CO 0 0 ~ N - ~ ~ e "'C"'"" - N W "'C"'"" :+t . . Q) . .... ... ~ CO C . .... s::: Ii 0 .- ... CO W CJ .- ..c - .c Ie> ~ a. Ordln.nces crutlna and M1tAhllshlna SDflctal Tarlna Districts and Resolutions adoctlna Dnlliminarv ISSflument roD. for. . Saynlef SI..lbdMsion Mullipurpose Mainlenarlal and Street Lightr,g Special A' neresled parties may I1ppeBf and be heard st the lime and p/8aJ spedood. A persoo who dM:ides to appest any dedsioo made by arty board. agency. ot ammiss.ion wlh respect 10 &'IY matter CfJtISideted at its meeting ot hearing, wi' need a reoord of pl'OCeedngs. Such p6fSOfIS may need /0 eM.re fhst a vertlBtin reooni of the proceedngs is made, iJdudng the teslimatly and evidenc;e upon which theappeBlis fobebased. Mami-Dade Coc.r1/y provides eqllBllICCeSJ IJIld eqllBl oppatunIy IJIld does noItisctilWlale on the basis oftisabilyittils plOgl8ffl1 ot seM:es. Fcx material in /ll/em/lte klrmal. tJ sign language inlefJNl!Ier ot oIOOf accoImlOdation. please ca' 305.375-394J. HARVEY RWiN, CLERK KAY SllliVAN. DEPUTY a.ERK DO YOU HAVE A WILL? WE KNOW ESTATE PLANNING CAN BE CONFUSING 'A BROADER APPROACH' While Shugart and others agree more bachelor's degree programs arc needed, they want a broader approach. Shugart said the inclusion of nine schaab was haphar.ard and "odd:' His school wasn't among them. "Nobody is going to move to Okaloosa to go to college:' he said. "It's a 19th century solution and we have a 21st century problem." But as tbe program expanded, support in the LET US SEND YOU A FREE, NO OBLIGATION BOOKLET ON WILLS, LEARN THE IMPORTANCE OF HAVING A WILL... WHY YOU MAY NEED A TRUST... AND MUCH MORE. Please send me your FREE, NO OBLiGATION booklet on Wills. The Salvation Anny, Planned Giving Department, 5631 Van Dyke Rd, Lutz, FL 33558 1.800.758.2769 Ext 5706 Namt! Addrellli City. State, Zip lJatl'(Il) of Rirth Phom' ~} Mail: r.!uPlllnm.uGivlng@usll.sulvutillnnrmy.org TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission !\orman S. Edclcllp, Mayor Lcwis .1. Thalcr, I 'ice Mayor Gcrry Goodman, Cotnl/lIssio/ler Roslyn Brczin, Cotnl/lIssio/ler Gcorge "Hlld" Scholl. COtnl/lIssio/ler A. .John Szcrlag, Clly ivta/lager lIans Ottinnl, City Attorney .Jane A. lIines, CMC, City Clerk MEMORANDUM The Honorable City Commission Hans Ottinot, City Attorney~~ ~, Jorge Vera, Asst. City Mang'J1S:rvic . Robert Solera, Community Developme t Dire t November 18, 2008 SECONDARY EFFECTS STUDY OF ADULT ENTERTAINMENT USES CITY OF SUNNY ISLES BEACH/RELOCA TION ORDINANCE RECOMMENDATION: The attached Ordinance is presented for your consideration and approval. REASONS: The staff has undertaken a review and study of the potential secondary effects of adult entertainment uses in the City and has developed recommendations for amendments to the Land Development Regulations for the suitable siting and zoning standards for such uses. This report summarizes the following: · Legal basis for regulating adult entertainment uses · Review of the secondary impacts studies conducted in other communities. · Existing regulations and conditions in the City of Sunny Isles Beach · Regulations from other local governments . Recommendations · Amortization of existing nonconforming uses I. Survey of existing regulations and conditions in the Ci~ of Sunny Isles Beach A. Existing regulations Prior to incorporation in 1997, the zoning was regulated hy the Miami Dade County Land Development Regulations. There is one pre-existing adult entertainment use that pre- Agenda Item ~6,~ 1l:- \ ~ - O?? Date dates incorporation. When the City adopted its Land Development Regulations, adult entertainment uses were identified as prohibited uses in commercial zoning districts. While adult uses are generally seen as nuisances, the City cannot outright ban adult uses within the City. Currently, "the Dollhouse" is the only adult use in the City. However, the Dollhouse is a nonconforming use within the Town Center District. If the Dollhouse ceases to operate for a period of more than ninety (90) days, the Dollhouse will not have the ability to reopen in the City because adult use is not a permitted use in any zoning districts. The purpose of this Ordinance is to ensure that the City's zoning code is consistent with the law and to provide a designated area for the location of adult uses. B. Existing conditions The City of Sunny Isles Beach encompasses 2.63 square miles (just over 1,686 acres) of land and water between the Atlantic Ocean and the Intracoastal Waterway. The actual land area within the City is just under 950 acres, with few vacant properties. The predominant land use is residential, with medium to high-density residential comprising the majority of the residential acreage. Business uses include four shopping centers primarily concentrated along the west side of Collins A venue and also adjacent to Sunny Isles Boulevard. The limited areas suitable for commercial use, the physical constraints of the City and the existing residential development patterns severely curtail the siting of adult entertainment uses within the City. There is no industrial area in the City. Indeed, there are only two Zoning Districts which support commercial enterprises: the B-] Neighborhood Business and the TC Town Center District. The Neighborhood Business Districts are designed "to provide locations for convenience shopping facilities in which those retail commercial uses shall predominate that have a neighborhood-oriented market and which supply necessities that usually require frequent purchasing and with a minimum of consumer travel" and "such districts should not be so large or broad in scope of services as to attract substantial trade from outside the neighborhood. " The intent of the Town Center District "is to foster land assemblage into development sites of greater than three acres in size to promote integrated mixed-use development; improved site and architectural design that promotes safe and active pedestrian environments; interrelated and compatible land uses that encourage regionally oriented business and activities serving the City of Sunny Isles Beach, tourist populations and surrounding communities; and, the restriction of those uses and development patterns that are in conflict with these policies and objectives." Because the Town Center District is intended to attract regional businesses, it is the more appropriate district for Adult Entertainment uses. However, since the Town Center Page 2 of 8 District encompasses both existing residential, as well as serving as the entranceway to the City, additionallocational restrictions will be necessary to adequately protect the City from the negative secondary impacts of adult entertainment uses. This additional protection will take the form of distance limitations between adult entertainment uses and such incompatible uses as schools, child care centers and, religious institutions. Additional protection will be achieved by limiting the location within the Town Center to parcels with direct frontage on Collins A venue, limiting the uses to the more intense commercial areas of the City. II. LEGAL BASIS FOR REGULATING ADULT ORIENTED BUSINESSES A. Because of Constitutional free speech guarantees, the City may not totally prohibit adult entertainment uses. 1. The First Amendment to the United States Constitution provides that "Congress shall make no law. .. abridging the freedom of speech." This is made applicable to the states through the Fourteenth Amendment. 2. The United States Supreme Court has established that adult entertainment uses are entitled to protection as expressive conduct. City (~r Erie v. Pap's A.M., 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed. 2d 265 (2000) 3. Municipalities are therefore not permitted to enact local regulations that totally prohibit the freedom of expression associated with adult entertainment uses. These constitutional protections do not cover activities or material deemed to be obscene, and such materials and activities may be banned altogether by municipalities. 4. Adult entertainment uses can range from bookstores and/or video stores carrying a significant number of sexually-oriented materials, to modeling studios, message parlors and strip clubs. Many of the most common adult entertainment activities, such as adult book and video and nude dancing establishments, while sexually explicit, are not considered obscene, and are protected by the First Amendment. B. Permitted Regulations of Adult Entertainment Uses 1. Courts will uphold reasonable time, place and manner regulations for adult entertainment uses. In City (~l Renton v Playtime Theaters, 475 US 71, 89 L Ed 2d 29, 106 S Ct 925 (1986), the U. S. Supreme COUl1 established a four-part test to determine the legal parameters for regulating adult entertainment uses so as not to violate the First Amendment. That four part test has been applied by the federal courts in reviewing a wide variety of adult entertainment use regulations. The test is: a. Whether the predominant purpose of the zoning is to suppress the sexually explicit speech itselt~ or rather, to eliminate the "secondary effects" of adult uses; b. Whether the zoning regulation furthers a substantial governmental interest; Page 3 of 8 c. Whether the zoning regulation is "narrowly tailored" to affect only those uses which produced the unwanted secondary effects: and d. Whether the zoning regulations leave open reasonable alternative locations for adult uses. Later cases have clarified that distance limitations are permissible if they do not "effectively preclude" all adult uses from a community. David Vincent, Inc. v. BrOlwlrd County. 200 F.3d 1325 (11th Cir. 2000) 2. While municipalities cannot adopt zoning regulations aimed at suppressing the content of the use, they are allowed to regulate adult uses in a manner that seeks to mitigate the potential secondmy impacts (increase in crime, drug use, lowering of property values, etc.) often associated with adult entertainment uses. C. Necessity of a Study to Evaluate Secondary Impacts: I. To justify zoning regulations for adult entertainment uses, municipalities must show that the regulations are not directed at the content of the use. but at the elimination of the negative secondary impacts resulting from that use. This is often demonstrated through secondary effects (or impacts) studies. Based on potential impacts identified in the study, a municipality can then recommend zoning controls to regulate these types of uses. 2. Prior to adopting adult entertainment regulations, the City must therefore demonstrate that it has conducted or relied upon planning studies illustrating the need to protect certain areas of the City from the negative secondary impacts associated with adult entertainment uses. 3. Federal courts have consistently ruled that a city does not have to produce its own studies, but must demonstrate that the studies relied upon were relevant to their city's concerns. 4. After identifying the potential secondary impacts which adult entertainment uses may have on a community, the City then must identify how best to regulate these uses to minimize the negative impacts on residents and businesses within the municipality. III. Review of the secondary impacts studies conducted in other communities. Staff has collected a number of different Secondary Effects Studies (City of Saratoga Springs Report is Attached), and has also been provided with a number of court decisions which discuss such studies, and the findings contained therein. Based upon that review and analysis, the staff had reached the following conclusions: Page 4 of 8 1. Crime rates are higher in areas of adult uses. 2. Sex crimes are higher in areas near adult uses. 3. Residential property values are decreased when in close proximity to adult uses. 4. Residential properties near adult entertainment uses are not well maintained and financial institutions are more hesitant to invest in such residential areas. 5. Most patrons of adult use do not live within one-mile of site. IV. Survey of regulations from other local governments 1. Zoning Districts - Each local government had one or more designated zoning districts for adult entertainment: Oania Beach B-2 (Ravenwood Griffin Road Annex Area); lROM (industrial, Research, Office and Marine) B-3 (Heavy Business) B-1 and l-L zoning use districts lU-l (Light Industrial) A ventura Hallandale Beach Miami-Dade County 3. Building Regulations - Some local governments had use specific regulations governing the physical characteristics of the building, such as the use of glass to prevent the public from looking inside. Others addressed typical land use concerns such as an increased need for parking. 4. Finding/Purpose - Some ordinances included reference to specific studies containing findings of the adverse impact adult entertainment can have on a community 5. Separation Requirements Residential Areas Churches Schools Other Adult Oania Beach 1,000 ft 1,000 ft 1,000 ft 1,000 ft A ventura 660 ft* * 1,000 ft 1,000 ft 1,000 ft l-Iallandale Beach 1,000 ft 1,000 ft 1,000 ft 1,000 ft Miami-Dade County 750 ft 1,000 ft 1,000 ft 1,200 ft **Exception provided where separated by a 5 lane roadway [Sec. 31-144(d)] Oaycare Public Parks Public Libraries Oania Beach* - - - A ventura 1,000 ft 1,000 ft 1,000 ft Hallandale 1,000 ft 1,000 ft 1,000 ft Miami-Dade County 1,000 ft 1,000 ft *Distance requirements are also applicable if the establishment sells alcoholic beverages and permits partial nudity (Dania Beach Sec. 31-40) Page 5 of 8 V. Recommended Regulatory approach for Sunny Isles Beach: Traditionally, there are three different regulatory approaches to dealing with adult entertainment uses: 1. Concentration Method: Under this method adult entertainment uses would be concentrated within a specific zoning district or geographic area. This is widely-used method of regulation. 2. Dispersion Method: Under this method the adult uses would be dispersed throughout the City to prevent concentration. The dispersion is generally accomplished by requiring separation distances between adult oriented businesses and between "sensitive uses" such as residences, parks, schools, places of worship etc. 3. Hybrid Method: under this approach a variation of the concentrated model is used, but separation distances are also established Because of the limited acreage available within the City for any commercial uses, and because of the existing residential uses within the Town Center District. the recommendation is to use a hybrid method: Limiting adult entertainment uses to the Town Center District, further limited to parcels with direct frontage along Collins A venue. Additionally, it is recommended that separation requirements be included, so that adult entertainment establishments cannot be located within 500 feet of another such establishment. nor within 500 feet of a school or child care center, nor abutting property used by religious institutions. In determining the validity of an ordinance regulating adult entertainment uses, the Courts will consider whether there are adequate sites within a City to meet the Constitutional requirements. A recent case from Florida that is applicable to the City is David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000). The Broward County ordinance in that case prohibited adult uses from locating within 500 feet from residentially zoned areas, and within 1000 feet from schools and churches. The Vincent decision held that the zoning must leave existing adult businesses with a reasonable opportunity to relocate, and "the number of sites available for adult businesses under the new zoning regime must be greater than or equal to the number of adult businesses in existence at the time the new zoning regime takes effect." 200 F.3d at 1337, n. 17. It further confirmed that the economic feasibility of relocation for the particular adult use is not relevant, 200 F.3d at 1335, because, as Renton has explained, adult businesses "must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees...." 475 U.S. at 54. Vincent considered the ratio of available adult use sites to square miles in unincorporated Broward County, and found that seven to nine sites were sufficient for the whole of the unincorporated county. This translates to nine sites for 52 square miles. See David Vincent. Inc. v. Broward County, 1998 WL 35156026 *3 (S.D. Fla. Feb. 3, 1998). Page 6 of 8 Using the Vincent case as a benchmark, and considering the total square miles of the City, one or more sites per 2.5 square miles in the City would appear to be sufficient to meet the Constitutional standard. The Town Center District, with the applicable separation standards will provide adequate acreage to meet Constitutional requirements. Moreover, the City's Planners support the designation of the Collins A venue Corridor of the Town Center District as the appropriate location for adult uses because it is consistent with the City's development plans. VI. Amortization of existing nonconforming uses The Vincent case also explained that the Constitution does not require a "grandfathering" provision for the existing adult businesses made nonconforming by the zoning ordinance. Additionally, an amortization period requiring the relocation of adult uses has been upheld, where there are an adequate number of sites for relocation. See, e.g., Ambassador Books & Video, Inc. v. City of Little Rock, 20 F. 3d 858 (8th Cir. 1994) (three years); Dumas v. City of' Dallas, 648 F.Supp. I06L 1071 (N.D.Tcx.1986), C?fJ'd. 837 F.2d 1298 (5th Cir.1988), afrd in part and vacated in part, 493 U.S. 215 (1990) (three years). The Broward County ordinance upheld in Vincent required existing adult uses to relocate to the proper zoning district within five years. 200 F.3d at 1328. Florida law has long held that nonconforming uses may be required to discontinue or "amortize" after a reasonable period of time. See, Standard Oil Co. v. City of'Tallahassee, ] 83 F.2d 410 (5th Cir. 1950). Nonconforming uses generally are recognized as uses that should have a limited duration, and thus also may be eliminated by abandonment and by restrictions on their expansion. In this case, the existing adult use is already nonconforming to the district in which it is located, and would not be made nonconforming simply by the adoption of new adult entertainment use regulations. This further supports an argument for the reasonableness of an amortization period. VII. Conclusion To ensure compliance with the law, the City must amend its code to designate adult use as a permitted use within a zoning district. However, the City is able to impose reasonable limitations to protect the City from the secondary effects of adult uses. Page 7 of7 March 7, 2007 SECONDARY EFFECTS STUDY OF ADULT ORIENTED BUSINESSES CITY OF SARATOGA SPRINGS Prepared by the Saratoga Springs Planning Board In early 2007 Mayor Keehn has asked the Planning Board to develop some proposed amendments to the zoning ordinance relating to adult uses. The Mayor has specifically asked that the Planing Board "undertake a study of the potential secondary effects of adult uses in the City and produce recommendations for amendments to the City Code for the suitable siting, land use and zoning standards and controls therefor". In this report the Planning Board will summarize the following: · Legal basis for regulating adult oriented businesses · Review of the secondary impacts studies conducted in other communities. · Survey of existing regulations and conditions in the City of Saratoga Springs · Finding and recommendations. LEGAL BASIS FOR REGULATING ADULT ORIENTED BUSINESSES The Planning Board asked City Attorney Michael Englert to provide an analysis of the legal basis for regulation adult oriented businesses, and he provided the following analysis: I. Although the City May Regulate "Adult uses" Pursuant to its Municipal Police Power, It May Not Flatly Prohibit Such Uses. A. Both the 1st Amendment of U.S. Constitution and Article 1, Section 8 of the New York State Constitution provides for the protection of every citizen's right to the freedom of speech and expression. B. Municipalities are therefore not permitted to enact local regulations that totally suppress the freedom of expression associated with adult use activities, and such uses must be allowed within any and all municipalities. C. It should be noted, however, that constitutional protections doe not cover activities or material deemed to be obscene, and these materials and activities may be banned altogether by municipalities. D. Adult entertainment use can range from bookstores and/or video stores carrying a significant number of sexually-oriented materials, to modeling studios, message parlors and strip clubs. Many of the most common adult entertainment activities, such as adult book and video ard nude dancing estClblishments, while sexually explicit are not considered obscene, and are protected by the First Amendment. II. Permitted Regulations of Adult Use Is to Mitigated "Secondary Impacts" of Adult Use Establishments. A. In City of Renton v Playtime Theaters, 475 US 41.89 L Ed 2d 29.106 S Ct 925 (1986), the U. S. Supreme Court established a four-part test to determine when zoning regulations for adult businesses do not violate the First Amendment: 1. Whether the predominant purpose of the zoning is to suppress the sexually explicit speech itself, or rather, to eliminate the "secondary effects" of adult uses; 2. Whether the zoning regulation furthers a substantial governmental interest; 3. Whether the zoning regulation is "narrowly tailored" to affect only those uses which produced the unwanted secondary effects; and 4. Whether the zoning regulations leave open reasonable alternative locations for adult uses - In the New York case of the Town of Islip v Caviglia, 73 N.Y.2d 544 (1989), the court upheld Islip's regulations allowing adult uses only in an area zoned for industrial use, which the court found provided ample space for the development of such uses. B. Hence, the federal and state constitutions protect the content of adult entertainment activity. 1. Police power justifying zoning regulations cannot be aimed at suppressing or limiting the content of the use. 2. "When municipal regulations impinge on an adult business's freedom of expression, they lose the presumption of constitutionality that normally applies to zoning regulations, and the burden shifts to local government to justify its restrictions." New York State Department of State Counsel's Office, Opinions of Counsel: Municipal Regulation of Adult uses After the Stringfellows Decision. 3. Municipal regulations cannot focus on regulating adult uses because of what those uses contain, whether it be sexually explicit printed material, videos, or nude dancing. C. Municipalities, however, are allowed to regulate adult uses in a manner that seeks to mitigate the potential secondary impacts (increase in crime, drug use, lowering of property values, etc.) often associated with adult entertainment uses. 1. In the case of Stringfellow's of New York, Ltd., v City of New York, the New York State Court of Appeals developed a test for determining the validity of zoning regulations under Article I, Section 8 of the New York State Constitution which includes: a. The zoning regulation must be justified by concerns unrelated to speech; Le. secondary impacts; 2 b. It must be "no broader than necessary" to achieve its purpose: i. The adult use law should (i) be coherent regulatory scheme narrowly designed to attack the problems associated with adult establishments; (ii) set forth explicit standards for those who apply them to preclude arbitrary and discriminatory application; (iii) affect only the category of uses that produce the unwanted negative effects; and c. The zoning regulation must provide alternative locations for adult use businesses. i. By preventing adult businesses from locating in residential districts while allowing such establishments to locate in manufacturing and commercial districts, the StringfeJ/ows court found the amendment protects only those communities and community institutions that are most vulnerable to their adverse impacts. ii. Municipalities may constitutionally bar adult establishments from, or within, a specified distance of residentially-zoned areas and facilities in which families and children congregate, and may be prohibit adult businesses from operating within a specified distance of one another to avoid the undesirable impacts associated with concentration of such uses. III. Necessity of Planning Study to Evaluate Secondary Impacts: A. To justify zoning regulations for adult businesses, municipalities must show that the regulations are not directed at the content of the use, but at the elimination of the negative secondary impacts resulting from that use. These are often demonstrated through secondary effects (or impacts) studies. Based on potential impacts identified in the study, a municipality can then recommend land use controls to regulate these types of uses. B. Prior to adopting adult entertainment regulations, a municipal government must therefore demonstrate that it has conducted or relied upon planning studies illustrating the need to protect certain areas of the municipality from the negative secondary impacts associated with adult businesses. C. In Renton v Playtime Theaters, the Court stated "that the city did not have to produce its own studies...but must reasonably believe (on the record) that the studies were relevant to its concerns. It D. While secondary effect studies ccm take various f8rms, there are ce;-t8in elements that should be included in any study. The Secondary Effects Study of Adult Entertainment Uses from the Village of Scotia (funded by the New York 3 <1 Planning Federation, and released in September, 1999), can be used as a model for how communities prepare these studies and their format. 1. For its study, the Village of Scotia reviewed studies from Austin and EI Paso, Texas; Newport News, Virginia; Garden Grove, California; Islip and the City of New Rochelle, New York; and Indianapolis, Indiana. 2. Research methods included a. comparison of areas that contained adult uses with areas that did not (control areas), b. survey of professionals and residents, . c. and gathering statistical data. 3. Secondary effects studied included crime rates, impacts on real estate, traffic, noise and general neighborhood appearance. E. Based on the review of these studies, the Village of Scotia concluded that all supported the existence of a number of negative secondary effects of adult entertainment uses, such as an increase in crime rates, decline in property values, and a general deterioration, both in reality and perception, of the neighborhoods in which these uses are located. Scotia also found that the studies were relevant to the Village since the studies did not focus on the community as a whole, but on much smaller areas. In addition, the impacts of adult uses on the study area were found to be independent of the size of the municipality. F. The Village of Scotia findings that were especially applicable to them included: 1. The smaller the commercial district, the larger the impact because the "negative halo" will affect a larger proportion of the municipality's business than it would in a larger city; 2. Because of the small size of commercial districts the probability of substantial impacts of sexually oriented businesses upon residential areas increases, and; 3. Smaller places are more likely to have fewer days and hours of commercial activity than larger cities. This increases the likelihood than an adult business will have a larger impact on the area in which it is situated during off-hours for other business increases. IV. Regulation Recommendation and Local Law: A. The next step after establishing the potential secondary impacts which adult entertainment uses may have on a community, is to identify how best to regulate 4 these uses to minimize the negative impacts on residents and businesses within the municipality. B. Before choosing a regulatory method, the Village of Scotia, 1. Reviewed current zoning: The Village identified which zoning districts would currently allow adult entertainment businesses to locate as a permitted use, siting some of the undefined permitted uses within the Village zoning that an adult entertainment establishment may argue are appropriate classifications for their use. These included, but were not limited to, retail stores and shops, restaurants, theaters, membership clubs, drinking establishments and personal services stores. 2. Identified land uses sensitive to potential negative impacts: The Village identified sensitive areas "as possessing characteristics that are essential to the Village's character, quality of life, and economic success." These areas include residential neighborhoods, the central business district, places of worship. schools, childcare facilities, recreation areas, parks and playgrounds, and civic and cultural facilities. 3. Reviewed legal considerations and regulatory options: An overview of legal considerations and regulatory options was presented to outline major court decisions that impact local regulation of adult entertainment uses. Regulatory methods of licensing, concentration (which concentrates adult uses within a specific zone), dispersion (which seeks to prevent the concentration of adult uses), and the hybrid method (which concentrates adult uses within a certain zone and additionally restricts adult uses from locating within a certain distance of identified sensitive areas) were presented as options available. Id. at 14-16. C. Based on the above analysis, the Village of Scotia decided to adopt a local law regulating adult entertainment uses for the purpose of mitigating the negative secondary impacts potentially caused by such uses. Adult entertainment uses are permitted only in industrial zones within the Village and further restricted from being within a minimum of 500 feet from identified sensitive areas. A minimum separation of 500 feet between adult uses is included, as are signage restrictions. V. Summary: When faced with regulating adult entertainment uses, municipalities should remember the following: D. Identify the issues -- what causes concern? Adult entertainment uses are often controversial and the issue or issues a municipality is most concerned with should be clearly identified and stated, ideally first addressed in a municipal comprehensive plan. As with any issue, communities should specifically identify what causes concern. E. Identify pos~jble solutions/tools as municipal options -- While municipal police power is limited in terms of prohibiting adult entertainment uses, municipalities do have control over where these uses can be located to mitigate possible negative secondary impacts. 5 F. Conduct a Secondary Study -- A secondary study is required before drafting any adult use regulations. While there is no required format for secondary studies, municipalities should include secondary impacts, current regulations/zoning, sensitive land uses and legal and regulatory options. G. Draft and implement regulations -- Based on the secondary study and municipal options for regulation, draft and implement regulations that best suit the character of your municipality and best address municipal concerns. H. Involve the public -- Involving the public throughout the planning and regulatory process helps build a constituency regarding the issues of concern for the community. When dealing with a potentially controversial issue, involving the public can also help educate the community on all aspects of the issue. REVIEW OF SECONDARY IMPACTS STUDIES CONDUCTED IN OTHER COMMUNITIES Since the City of Saratoga Springs does not have any existing adult oriented businesses, the Planning Board could not undertake it's own study of the potential negative secondary impacts that adult use might have. Therefore, the Planning Board relied on existing studies of secondary impacts of adult oriented businesses that were conducted in other communities: The Planning Board reviewed the following original studies: 1. uSecondary Effects Analysis of Adult Oriented Businesses in the Town of Wilton, New York (1998) 2. uSecondary Effects Study of Adult Entertainment Uses" Village of Scotia, New York (1999) The Village of Scotia report provided a detailed summary of similar studies that had been undertaken in the following communities: 1. Austin, Texas 2. EIPaso, Texas 3. Newport News, Virginia 4. Garden Grove, California 5. Islip, New York 6. Indianapolis, Indiana: and 7. Rochester, New York. The review of the analysis of studies undertaken in other communities, the Planning Board made the following conclusions: 1. Crime rates are higher in areas of adult uses. 2. Sex crimes are higher in areas near adult uses. 3. Residential property values are decreased when in clost. proximity to adult uses. 4. Physical blight near adult uses. 5. Near adult uses residential properties are not well maintained, financial institutions are more hesitant to invest, etc. 6 6. Most patrons of adults do not live within one-mile of site. SURVEY OF EXISTING REGULATIONS AND CONDITIONS IN THE CITY OF SARATOGA SPRINGS Identification and analvsis of existina reaulations and existina zonina. Section 240~12.14 of the Zoning Ordinance of the City of Saratoga Springs sets forth the current regulations for locating "adult bookstores" and "adult entertainment establishments" within the City. These establishments are defined in Section 240-1.5. The Planning Board concluded that these current definitions are narrow and limited. They do not include the full range and variety of adult-oriented uses that have developed in other communities. Under the existing regulations these "adult bookstores" and "adult entertainment establishments" generally fall within the following uses identified in our ordinance "retail", "eating and drinking establishments", "service establishments", "Group entertainment" "Retail" use is permitted in the following zoning districts: · As "principal permitted use": HGBD, T-6 · As by "special use permit": T-4, T-5. "Eating and drinking establishments" are permitted in the following zoning districts: · As "principal permitted use": INST-HTR, HGBD, TRBD, WRBD, T-6 · As by "special use permit": INST-HTR, NCUD-1, T-4, T-5 "Service establishments" are permitted in the following zoning districts: · As "principal permitted use": HGBD, T-6 · As by "special use permit": UR-4A, T-4, T-5 "Group entertainment" use is permitted in the following zoning districts: · As "principal permitted use": HGBD, TRBD, T-6 . As by "special use permit": T-4, T-5 These establishments are not permitted to locate with 2,500 of the property line of any of the following "sensitive site": · School (public, private or parochial) . Library . Park or playground · Place of worship (church, convent, monastery, synagogue) The existing commercially owned lands where the adult uses might be permitted under the current zoning regulations are as follows: · The Transect -4 area zoning district off of Gick Road near Exit 15 = 5 acres · The Transect -4 and Transect -5 area off of Church Street between West Avenue and Kirby Road = 63 acres. 7 . Highway General Business District area on Route 50 near Northline Road = 5 acres. However, from the reading of various court cases the Planning Board concluded that the 2,500 foot separation between adult uses and "sensitive sites" would probably be consider by most courts as excessive and might result in our ordinance being ruled as unconstitutional. Identification of sensitive uses and sites. The Planning Board decided to use the same type of "sensitive sites" as identified in the current ordinance. The Planning Board identified and mapped the following site: . School/Day Care (public, private or parochial): Skidmore College (815 North Broadway) Empire State College (2 Union Avenue) Empire State College (111 West Avenue) Caroline Street Elementary School Lake Avenue Elementary School Division Street Elementary School Geyser Road Elementary School Junior High School (3 Blue Streak Blvd.) Senior High School ( Blue Streak Blvd.) St Clements Regional Catholic School (231 Lake Avenue) Saratoga Central Catholic High School (247 Broadway) Spring Hill School, (York Avenue) Spring Hill School (122 Regent Street) Yeshiva Machzikei Hadas (1 Veterans Way) Saratoga Independent School (459 Lake Avenue) Creative Discovery Pre-school (10 Franklin Street) Saratoga Hansel and Gretel (66 Seward Street) North County Academy (7 Care Lane) St. Paul's Lutheran Christian Childhood Center (149 Lake Avenue) YMCA (West Avenue) .. Libraries: Saratoga Springs Public Library (42 Henry Street) All the schools . Park or playground Spa Sate Park Weibel Avenue Ice Rinks (Weibel Avenue) Weibel Avenue Indoor Recreation Center Sites (Weibel Avenue) (Under development) North Side Field (Clement Avenue) South Side Field (Vanderbilt Avenue) Congress Park (Broadway) High Rock Park (High Rock Avenue) Geyser Road (Adam RoaL;) East Side Ree (Lake Avenue) West Side Rec (Division Street) 8 Recreation areas at all the schools listed above. Skidmore College (815 North Broadway) Saratoga National Golf Course (Union Avenue) Saratoga Golf and Polo (Church Street) Murphy's Mini Golf & Driving Range (Route 9) High Rock Bowling Alley (Ballston Avenue) Bog Meadow Nature Trail (Lake Avenue/Meadowbrook Road) Railroad Run Trail rNest Circular Street/New Street} Waterfront Recreation Area (Crescent Avenue) (Under development) - Ten Springs Woods (Excelsior Springs Avenue) Spring Run Trail (Excelsior Springs Avenue) (Under development) . Place of worship (church, convent, monastery, synagogue) Assembly of God, 118 (Woodlawn Avenue) Bethesda Episcopal Church (41 Washington Street) Church of Jesus Christ Later Day Saints (Glen more Avenue) Dyer-Phelps Ame Zion Church (2 Crescent Street) First Baptist Church (45 Washington Street) Jewish Community Center Congregation rNeibel Avenue) living Springs Community Church (Pine Road) New life Fellowship (52 Congress Street) Presbyterian New England Church (24 Circular Street) St. Clements Church (231 Lake Avenue) St. Paul's Lutheran Church (149 Lake Avenue) St. Peter's Church (241 Broadway) Saratoga Abundant life Church (2325 Route 50) Seventh-Day Adventist Church (399 Union Avenue) Soul Saving Station for Every Nation (62 Henry Street) Temple Shinai (509 Broadway) Unitarian Universalist Congregation (624 North Broadway) United Methodist Church (Henning Road) Universal Baptist Church (25 Washington Street) . Community Centers: Senior Citizen Center rNilliam Street) Ford Community Center (Fenlon Street) City Hall (474 Broadway) City Center (Broadway) . Cemeteries: Greenridge Cemetery (Lincoln Avenue) St Peter's Cemetery rNest Avenue} Maplewood Cemetery (Weibel Avenue) Crescent Avenue Cemetery (Crescent Avenue) Geyser Road Cemetery (Geyser Road) The Planning Board has also decided to the following additional "sensitive sites": . Residential neighborhoods: . All existing residential occupied structures. 9 . Include the following institutions: · Skidmore College (North Broadway) . Wesley Nursing Home (Lawrence Street) · Saratoga Hospital Nursing Home (Church Street) . Four Wind Hospital (Crescent Avenue) . Home of the Good Shepherd (Church Street) . Yaddo (Union Avenue) . NYRA Dormitories (Nelson Avenue) · Downtown Area . Includes the Transect -6 zoning district and the Congress Park Centre Planned Unit Development District. · Entranceways to the City include all tax parcels that are within 100 feet of the public right-of-way allow the following highways: · Route 9 (South Broadway, Marion Avenue) . Route 50 (8allston Avenue, Arterial) · Route 9P (Union Avenue) . Route 29 (Lake Avenue, Washington Street) · Route 9N (Church Street) . West Avenue · Tourist Sites: . Tang Museum (North Broadway) . Museum of Dance (South Broadway) · Museum of Racing (Union Avenue) . Children's Museum (Caroline Street) · Saratoga Performing Arts Center (Route 50) · Hall of Fame of Harness Racing (Jefferson Street) . Race Course Grandstand (Union Avenue) · Raceway Grandstand (Nelson Avenue) · Saratoga Gaming and Racing - Racino (Nelson Avenue) · Petrified Sea Gardens (Petrified Garden Road) · NYS Military Museum (Lake Avenue) · Yaddo Gardens (Union Avenue) The Planning Board also identified the planning efforts that might be adversely impacted by adult uses. Comprehensive Plans (1987,1999,2000,2001) Open Space Plans (1994, 2002) Historic Preservation Plan (2001) ReQulatorv approaches for SaratoQa SprinQs: The Plannii:g Board examined 11:2 following three different regulatory approaches: 1. Concentration Method: Under this method adult uses would be concentrated within a specific zoning district or geographic area. The concept would be similar 10 to what the City of Boston once did by creating a "combat zone" where the adult uses were concentrated. 2. Dispersion Method: Under this method the adult uses would be dispersed throughout the City to prevent concentration. The dispersion is generally accomplished by requiring separation distances between adult oriented businesses and between "sensitive uses" such as residences, parks, schools, places of worship, etc. 3. Hybrid Method: Under this approach a variation of the concentrated model is use used, but separation distances are also established The Planning Board felt that the hybrid method would be the most applicable to conditions of the City. Approaches used bv other communities in the County: The Planning Board reviewed the following summary of the adult use regulations in the following selected communities with Saratoga County: Town of Wit Ion (1998); Prohibited adult uses if located: Within 1,000 feet of any church, school, park, etc. Within 500 feet of another adult use. Permits adult uses in the C-3 Commercial/Light Industrial District upon the issuance of a special use permit. Town of Halfmoon (2000): Prohibited adult uses if located: Within 1,000 feet of any residential property, church, park, cemetery, etc Within 1,500 feet of any school. Within 2,500 feet of any place where alcoholic beverages are sold. Town of Moreau (2002): Permits adult uses in a M1A District upon the issuance of a special use permit. Prohibited adults uses if located: Within 500 feet of a residential use. Within 2,500 feet of any church, school, park, etc. Within 1,000 feet of another adult use. Possible locations for adult uses within the City: During the public review process the public or the Planning Board identified the following areas and evaluated them for the possible siting of adult uses within the City: Possible site that could be considered under the "hybrid method": Northern portion of Grande Industrial Park. (Duplainville Road/Grand Blvd.) Relatively isolated location. Only one entrance. Couij require no adult i. c: be within 500 feet of.8 residence or vvithin 1,500 feet of school or playground. Portion of Extractive Industrial area (Route 29/Brook Road) Would have access from Route 29 (Washington Street). II Uses might be disturbed by quarry operations. Could require no adult use be within 500 feet of a residence. Warehouse District (Storage LanelWashington Street) Would have access form Route 29 (Washington Street) and maybe Route 9N (Church Street) in the future. Could require no adult uses be within 250 feet of a residence. Weibel Avenue Area: Would have access from Route 29 (lake Avenue) and Route 50. Could require no adult use within 500 feet of a residence/cemetery or within 1,500 feet of a recreation area. Route 9 (lower South Broadway) Area: Area is designated entranceway to the City and has been identified as a sensitive site. Area is an along a designated entranceway to the City. Could require no adult use within 500 feet of a residence/cemetery or within 1,500 feet of a recreation area. Driscoll Road Area: Area is not currently zoned for commercial uses and it has no water or sanitary sewer services. A zoning change would also require an amendment to the Comprehensive Plan. The area is also adjacent to the passive use areas of the Saratoga Spa State Park. Racino Area (Crescent Avenue): This are has a lot out out-of-town visitors. This area is relatively self contained. Areas is a designated tourist site Could require no adult use within 500 feet of a residence/cemetery or within 1,500 feet of a recreation area. RECOMMENDATIONS AND FINDINGS FOR ORDINANCE CHANGES: The Planning Board makes the following recommendations to the City Council: The Planning Board makes the following recommendations to the City Council: 1. It is a constitutional requirement for the City has to provide for adult uses somewhere within the community. . City can't flatly prohibit all adult uses. · City can regulate adult uses to mitigate secondary impacts. · City is required to undertake a planing analysi~ to evaluate secondary impacts. 2. The existing regulations for controlling adult uses are not appropriate and should be abandoned for the following reasons: · The definitions are old and not inclusive. Since the ordinance was originally adopted in 1990, the adult use industry has changed. · The existing regulations relating to adult uses permit the uses to be dispersed in numerous commercial districts thorough the City provide they are not within 2,500 feet of a school, library, park, playground or place of worship. This has pc l.(-~ntial adverse imp<Jcts on other sensitive land uses such as residential areas, daycare centers, entranceways, cemeteries, community centers, etc. · The three geographic areas that currently meet the requires are: 12 · The Transect -4 area zoning district off of Gick Road near Exit 15 = 5 acres · The Transect -4 and Transect -5 area off of Church Street between West Avenue and Kirby Road = 63 acres. · Highway General Business District area on Route 50 near Northline Road = 5 acres. · The existing regulations that require adult uses to be at least 2,500 feet from 'sensitive" land use is likely unconstitutional. Most courts have not accepted a separation distance of greater than 1 ,500 feet. 3. The City should adopt a new ordinance to regulate adult uses because to not have one that meets the constitutional requirements will likely lead the following: · Expose the City to lawsuits that challenge the constitutionally of the current regulations. Such litigation would be: · Likely be expensive to defend. · Likely result in our existing ordinance being overturned. · Likely result in the accuser being ~warded the rights to establish an adult use in the location of their choice, with the resultant adverse impact that the City would be unable to control. 4. The various types of adult uses should be divided into three categories: · Class I Adult Uses are those that would likely have minimum adverse impact and should be controlled by developing new standard relating to display of materials. · Class II Adult Uses are those that would likely have significant adverse impact and should be controlled as to location and design. · Class III Adult Uses are those that would likely have detrimental adverse impacts and should be prohibited throughout the City. 5. No Class II Adult Uses should be permitted in a structure that with within: · 500 feet of the property line in which any existing single-family, two-family or multiple, family dwelling is located. · 1,500 feet from the existing property boundary of any public park, off road public bike path, public playground, cemetery, public indoor recreational facility, public library, public or private school, place of worship, public community center or day care facility. · 500 feet from any structure where an existing Class II Adult Use is located therein. · Any parcel within the downtown area (T-6 and Congress Park Centre PUD zoning districts). · Any parcel that is within 100 feet of the right-of-way boundary of any designated entranceways to the City. · A structure that has an existing Class II Adult Use located therein. 6. Class II Adult Uses shall only be permitted within a specially designated "adult use overlay district" which shall be in the following location: ~ The portion of the Industrial-General (/ND-G) zoning district that lies within 400 feet of the right-ot-way boundaries of Dup!ainville Road (County Route 46) and Grande Boulevard (County Route 46). This area is approximately 92 acres and currently involves portions of 12 separate tax parcels. 13 7. Require special development standards for Class I and Class II Adult Uses: · The construction of new Class I Adult Uses will require site plan review approval in commercial zoning districts and will have to comply with strict standards relating to the display of adult materials. · The construction of new Class II Adult Uses will require site plan review and architectural review with strict standards on outside signs and display. Adopted by the Saratoga Springs Planning Board: March 7, 2007. 14