HomeMy WebLinkAbout2016-140 Statement of Consistency of Proposed UDO Text Amendment with the 2030 Comprehensive Plan to revise existing regulations governing the location and development of sexually oriented businesses ploln f)I rg-
STATEMENT OF CONSISTENCY
OF PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to revise existing regulations governing the development of sexually oriented
businesses.
The Board of County Commissioners finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 2: Land uses that are appropriate to on-site
environmental conditions and features, and that protect natural
resources, cultural resources, and community character.
• Land Use Goal 3: A variety of land uses that are coordinated
within a program and pattern that limits sprawl, preserves
community and rural character, minimizes land use conflicts,
supported by an efficient and balanced transportation system.
• Land Use Goal 6: A land use planning process that is transparent,
fair, open, efficient, and responsive.
c. The amendment is reasonable and in the public interest because it:
1. Establishes legally defensible, content neutral, regulations designed to
mitigate the identified secondary impacts associated with sexually oriented
businesses, including:
a. Studies referenced at the November 23, 2015 Quarterly Public
Hearing found the clustering of sexually oriented businesses in a
given area could attract an undesirable quantity and quality of
transients adversely impacting property values, creating blight for
adjacent properties, cause an increase in crime and encourage
residents and businesses to move elsewhere.
These studies recommended the establishment of setback
standards requiring sexually oriented businesses to be separated
from identified sensitive uses.
b. Studies referenced at the November 23, 2015 Quarterly Public
Hearing indicate that alcohol is identified as contributing factor in
attracting an undesirable quantity and quality of transients
adversely impacting property values, creating blight, and causing
an increase in crime. Courts have found, most notably Fay versus
I
State Board of Alcoholic Control — NC Court of Appeals, local
communities have the legal ability to restrict or prohibit the
consumption/sale of alcohol.
2. Establishes uniform standards of development for sexually oriented
businesses within the County.
3. Promotes public health, safety, and general welfare by furthering the goals
and objectives of the 2030 Comprehensive Plan.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Earl McKee, Chair ate