CC 03/01/1993 Minutes - Laserfiche WebLink

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CITY COMMISSION March 1, 1993 Page 4 definitions of "achromatic ", and preferred to remove all references to color in Ordinance 755 until some form of "architectural review process" could be developed. Commissioner Robertson stated he was also against color control. Mr. McIntosh stated that he felt Mr. Kirkland's remarks would be upheld in a Court of competent jurisdiction, rendering the proposed language meaningless. Mr. Schluckebier suggested that the Commission refer the issue of building color to the U.S. Highway 17 -92 Redevelopment Committee for input regarding color restrictions for possible future legislation, since the consensus of the Commission to not pursue color presently. Commissioner Sheppard suggested the addition of a distance paragraph which would establish the distance of 2,500 feet between adult entertainment establishments, and 1,000 feet between an adult entertainment establishment and any residential, church, public park, school, or public recreation property. Mayor Hillebrandt suggested that the minimum separation distance be 2,500 feet for both categories. Mr. McIntosh stated he felt the 2,500 foot distance would be overly restrictive, and, if successfully challenged in Court, would likely revert back to the current 1,000 foot separation requirement. The Commission concurred with changing the separation distance requirements to 2,500 feet in order to protect its' citizens, recognizing the possibility of challenge through the Court system. Mr. Sheppard suggested moving the Adult Entertainment and Private Clubs codes from Section 157.121 (permitted use) to Section 157.122 (special exceptions /conditional use). Commissioner Henson concurred with this action. Mayor Hillebrandt indicated he would support such a move, but would prefer that the matter be referred to the Commission as opposed to the Board of Adjustment. In addition, the City Attorney was directed to investigate the proposed County ordinance regarding enforcement of FS 823.13 regarding adult modeling, lingerie shops, etc.. The Commission also held a lengthy discussion regarding advertising and signage requirements which were addressed in Ordinance 755. The City Attorney acknowledged comments made during this discussion, and indicated his office would be forthcoming in the near future with further legislation to enact the wishes expressed by the Commission. The following modifications were made to Ordinance 755: Page 2, Section VI, Definitions, - strike definition (a) - achromatic. Reletter each paragraph accordingly. Page 3, Section II, subparagraph d, - strike entire subparagraph - achromatic restrictions.