18-1488 Amending ULDRs Relating to Industrial District Design & Performance Guidelines

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Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence, Law and Policy, 2009; Secondary Effects of Sexually -Oriented Businesses on Market Values and Secondary Effect of `Off -Site' Sexually -Oriented Businesses, Connie B. Cooper, Eric Damian Kelly, and Richard McCleary, Ph.D., Texas City Attorneys Association, 2008; Sexually Oriented Businesses: An Insider's View, David Sherman, Proponent Testimony presented to the Ohio State Judiciary Committee on Civil Justice, 2002; Cornell Restaurant Ventures, LLC. v. City of Oakland Park, 681 Fed. Appx. 859 (11th Cir. 2017); Peek -a -Boo Lounge v. Manatee County, 630 F.3d 1349 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F. 3d 860 (11th Cir. 2007); TJS of New York, Inc. v. Town of Smithtown, 589 F.3d 17 (2nd Cir. 2010); and Tollis, Inc. v. City of San Diego, 505 F.3d 935 (9th Cir. 2007); and WHEREAS, a number of these studies and cases show that adverse secondary effects from adult entertainment establishments and sexually oriented businesses lessen as the distance away from these establishments increase, especially when accompanied by distance and screening material; and WHEREAS, the City seeks to protect certain non -industrial uses, such as residential, parks, and places of worship located in proximity to the Industrial (I) or IM zoning districts from the adverse secondary effects of adult entertainment establishments and sexually oriented businesses by requiring separation of these uses from residential areas, parks, and places of worship, based on these studies and cases; and WHEREAS, the above referenced studies and case law are on file at Casselberry City Hall, have been referenced previously in City of Casselberry Ordinances 99-934 and 06-1201, are included in the back-up material for this amendment, and have been reviewed by the City Commission and City staff, and WHEREAS, City staff and the Casselberry City Commission have considered these documents and find it to be in the best interest of the City and its citizens to ensure that the adverse secondary effects of adult entertainment establishments and sexually oriented businesses are minimized to the greatest extent possible consistent with the Constitution of the United States and the State of Florida; and WHEREAS, ULDR Section 2-7.28, Industrial -Medium design and performance guidelines, needs to be amended to include the Industrial zoning district and to include separation requirements between adult entertainment establishments and sexually oriented businesses and residential areas, parks, and places of worship; and WHEREAS, the Casselberry City Commission finds that the proposed amendments will help protect the health, safety, and welfare of public; and WHEREAS, the amendments in this Ordinance will not result in a decrease in the number of available sites in the City for adult entertainment establishments and sexually oriented businesses; and