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HomeMy WebLinkAboutCORRESPONDENCE Susan Hazlett - SOE ad to Eagle Page 1 From: Natalie Ruiz To: Deborah Grace Date: 5/22/03 1:27PM Subject: SOE ad to Eagle Please see if you can cancel an ad that Susan prepared to run on 5/27 re: a public hearing for a Zoning Ordinance amendment pertaining to sexually oriented enterprises. This is still going to Council on 6/12; however, it does not require a public hearing. Thanks! Natalie Thomas Ruiz, AICP Development Manager City of College Station Phone (979) 764 -3570 Fax (979) 764 -3496 nruiz @ci.college- station.tx.us www.ci.college - station.tx.us College Station. Embracing the Past, Exploring the Future. CC: Susan Hazlett _ - - -- - Kelly Temp lin - Anonymous Letter to Council 062403.pdf Page 1 Oe. O ,U2 1 11 - I LA JIM 24 la 06/3, VO 3 CITY MANAGER'S OFFICE CITY OF 00U.EGE STATION Alt OpeA Ler'rer 7; TA e Ctl 5r 7 ri c;r 61tric/ GeArlem e Your recertr chan ge re -7-Ae 7.0,1143 eoeV - 1Aa.nc cv5 trs mon' v e bu,r one, TA. 645 cuil every— on-e- know5 wA0,7- Tita r 5: your eJ,erte trtreg)- , ro olose,TAe t"Vve 6(.151Ae55e5 IA (7U657 owi Actah Vicieo tJ r)ie. $1`1k Srock/ti rike- c-Iry At 11 Y5 wanrd ro Jose Yea ce_aa ch 14 e -90 "14 Ies_s co WarrEy ota It f,r_t_•6y_OU:rhfiNiki g__5 u 4.A _I) uiij e,Sses 1.A.477 G.1517 1 --611Y-- YOg _kt,f)vv - "At 1/ rAct)- flei_r 0) Tilf_m_cAn_a. n co 57 7 ("2 it le. TIte O.4`nooce_ &Lk)" r 7115 i y7Taxi5 y a ierartly cif) S e 7-he m. Yo c ar rtor c h ea r_ rhe _P_m_Mg e_1,14 vs di-k-e aloha. r rite r ern wA ma sr make at I i'v _nor aistir r 4 r "areal/ 4, __Wko ex* rAai 14 Tel 0181_4.27,7_ Kelly Templin - Anonymous Letter to Council 062403.pdf Page 2 7 &u are ! r n JeAg to w/ r, r ,4e Re /7gi4U5' R;8 A7 cud rA d ye. A/!/ r" eya e D r vsef ec for e /'7'/fer' r aKy D-P' ye 2 1, IAve, Those TWV _ ct- n a[Y, uJivtesse. "vial. 4ageYo p 7-4elfA rt,56 0P(e5a711 S(1 r e / / v/ 2 SA/ r ,9(.2)--- o -e CeI4 ,S7 Qli r /c Tr wo uielL serve au r/'AY . A4c0 /1/04/,E-oJy su_ 5A0W coudYd n n r Ve Ye Mote__eGr_es - f_ _ . _ _ - - IN T ____________________________ Lpv1U3 1 qt i. • _ z „.?--• . • • d-47" e - - -/ /7 The City of g ` Colle e Stat ion , Texas Embracing the Past, Exploring the Future. S � P g Legal Department P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3507 • FAX: (979) 764 -3481 www.ci.college - station.tx.us MEMORANDUM PRIVILEGED AND CONFIDENTIAL TO: Kelly Templin Glenn Brown FROM: Harvey Cargill, Jr., City Attorney DATE: March 18, 2003 RE: Sexually Oriented Business CC: Roxanne Nemcik Carla Robinson Tom Brymer We have discussed the following issue before. This is a reminder that we need to arrive at a solution before June 13, 2003. We must do something to address the issue or risk having our ordinance being held invalid. 1. Diagnosis and Policy Memo September 2000 P29 "There is no indication in this ordinance that College Station has made any studies or even reviewed studies from other communities that provide it with a basis for regulating the secondary effects of such businesses. This is a fundamental flaw in the system." 2. The Abilene Ordinance was specifically constructed to meet the issues raised by the consultant. The Abilene City Council considered the testimony of the Planning Director, Health Department and Police Department. The Planning Director reviewed and explained other studies and showed the impact the ordinance would have on Abilene and site locations that would be available. Please evaluate your choices and review the Abilene Ordinances. If you need further assistance, please call me. l: \GROUP \11 GAL \I laney \MEMOS\ 2003 \sexsa1/y oneU9 b11iteRfiot exas A&M University Home of the George Bush Presidential Library and Museum (2) Lack of Studies, Related Findings. The U.S. Supreme Court has made it clear that a local government may regulate the sexually oriented business that are subject to First Amendment protection only to the extent necessary to address undesirable "secondary effects" of these businesses. There is no indication in this ordinance that College Station has made any studies or even reviewed studies from other communities that provide it with a basis for regulating the secondary effects of such businesses. This is a fundamental flaw. in the system. (3) Permitted Uses The existing zoning ordinance allows Sexually Oriented Commercial Enterprises within the General Commercial (C -1) zoning district subject to a Conditional Use permit. We suggest that the city allow sexually oriented businesses, like Adult Theaters, Cabarets and Adult (media) Bookstores, that are subject to First Amendment protection as Permitted Uses in at least one zoning district, such as General Commercial (C -1), and as conditional es ii any other districts. If the city allows these uses as Permitted Usk$, then it can significantly Y rest ict other Adult Uses. (4) Definitions. There is actually only _ one all- encompassing_ definition, that of "enterprise," which appears in Section 17(A)(9). It is unconstitutionally vague and si overbroad. It arguably includes every bookstore and videostore, because almost every such store has SO MF book or video that includes SOME material that someone, at least arguably, intended to provide sexual stimulation. Further, basing a definition on "intent" makes a virtually unwinnable - case if it is litigated. There are commonly used, well - litigated definitions of various types of sexually oriented businesses. (5) Protection for "Church." The fact that there is a separation requirement from a "church" and not from a synagogue or temple makes the ordinance unconstitutional under the 14 Amendment and probably under the r` as well. The reference here (and throughout the code) should be to "religious institution" or "house of worship." (6) Differentiation among businesses. There is really a hierarchy of businesses that deal with sexually oriented materials and performances. In order of increasing impact, those are: • Book and video stores and newsstands with limited sexually oriented material (under 10 percent, which protects the marriage manuals, art books and other relatively mainstream material in full -line bookstores, as well as the R -rated movies in video stores); • Book and video stores and newsstands with larger amounts of sexually oriented material segregated in a back room; College Station, Texas Diagnosis Unified Development Ordinance 29 Policy Memorandum „e=1; �-- _ 1 ,„•; 66-c /6” S)1 6?-7&c.4' ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 12, "ZONING ", AND ADOPTING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW, AND ADOPTING THE COLLEGE STATION COMPREHENSIVE PLAN AND ALL PREVIOUS AND SUBSEQUENT PLANS AS AFPLICAI3LE, AS THE "OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN ", AS SET OUT BELOW, PRUVIDThJG A SI3VERABILITY CLAUSE; DECLARIlNG A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12. "ZONING ", of the Code of Ordinances of the City of College Station, 'Texas, is hereby repealed effective June 13, 2003 and Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE" is hereby adopted effective June 13, 2003 and as set out in Exhibit "A ", attached hereto and niadc a part of this ordinance for all purposes. PART 2: That the Official City of College Station Comprehensive Plan (Comprehensive Plan) includes all plans, studies and amendments as set out in Exhibit "13 attached hereto and E? y. is made a part of this ordinance for all purposes. PARTS That if anv provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provi- sions or sections of'lhis ordinance, which shall remain in full force and effect. PART 7 That any person, firm, or corporation violating airy of the provisions of this chapter shall he deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a tine of not Less than Twenty -five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate ottensc. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of Col Station, PASSED, ADOPTED and APPROVED this»tk -day otAtre 2003. �� �/ APPROVED: , RON SILVIA, Mayor ATIFSTi C onnie Hoofs. City Secretary t fi / Ga // y ry ` s=- , /' APPROVED: L /✓�`'L ���; 7/-0 . , City Attom J / 1/ ? 1 i O /3rowpi dep tenairns /surcrn J0,71nrmictuf 1092.40 urdiner api f / ' 77 / j l Ke Cr7 /r t c ,C f -rep' l� C� ,. ORDINANCE NO, Page 2 EXHIBIT "A" That Chapter 12, "LONINCG ", of the Code of Ordinances of the City of College Station, Texas, is repealed and replaced by Cluipter 12, 'UNIFIED DEVELOPMENT ORDINANCE ', effective June 13, 2003, t.11ettuhrdu ordinance. dnc 2.78403 ORDINANCE NO. Page 3 EXHIBIT "B" The City of College Station's official Comprehensive Plan consists of the following documents that have been previously adopted by resolution and :` or ordinance! • The College Station Comprehensive Plan: City of College Station, Texas dated April 1997 • A Study of the 1 in iversity Drive Corridor dated June /991 • 2.818 Extension Study dated August, 1992 • City of College Station Streetscape Study dated Member 1992 • The Notthgate redevelopment Plan dated November 1996 • The Revised Wolf Pen Creek Master Plan dated 1998 • A Network of Gways for College Station dated May 1999 • East Bypass Small Area Action Plan dated October, 2000 • 30/60 Area Plan dated April 2001 • I:astgatc Neighborhood Plan dated November 2001 • Rock Prairie /Greens Prairie Triangle Planning Study dated .April 2002 • Bikeway and Pedestrian Master Plan dated October 2002 • The City of College Station revised Thoroughfare Plan dated October 2002 • South College Station Thoroughfare Plan Update Phase I dated February 2003 • Wellborn / 1&Cir Triangle Plan dated February 2003 The Comprehensive Plan is to be used as a guide for growth and development for the entire City and it's extra - territorial jurisdiction (ETD. The Comprehensive Plan depicts generalized locations of'proposed future land -uses, thoroughfares, bikeways, pedestrian ways, parks and greenways that are subject to modifications to fit local conditions and budget constraints. The Comprehensive Plan, in particular the Future Land Use Plan map, and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not he site or parcel specific but shall be used to illustrate generalized locations. The Comprehensive Plan, in particular the Thoroughfare Plan map, and any adopted amendments thereto, shall depict generalized locations of future thoroughfares, bikeways and pedestrian ways that are subject to modifications to fit local conditions, budget constraints, and right -of -way availability that warrant further refinement as development occurs. Alignments within 1,000 feet of the alignments shown will not require a thorough plan amendment. Any subsequent plans and studies amending the Comprehensive Plan shall be adopted by ordinance and incorporated as part of the official City of College Station Comprehensive Plan, j'e:Itenq cido ordimrnre.dor. zoa.v3 MAILED The City of 6 ,p4 c Colle g e Station, Texas Embracing the Past, Exploring the Future. % � P S P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3500 www.ci.college-station.tx.us 6 June 2003 Certified Letter #7099 3400 0017 6090 1415 John A. & Mitzi Coil Trust c/o Dixie J. Coil, Trustee Post Office Box 114 Lewisville, TX 75067 -0114 RE: Adopted Regulations for Sexually- Oriented Businesses Adult Video- 603 Texas Avenue, South, College Station, TX Dear Ms. Coil: Please find enclosed a copy of the City of College Station's Unified Development Ordinance (UDO). Section 6.3.N of the UDO contains regulations pertaining to "Sexually- Oriented Businesses" located, or proposed to be located, in the City of College Station. The UDO categorizes your business known as the Silk Stocking as a Sexually- Oriented Business. Please note the amortization provisions ( §6.3.N.8) as they apply to your business. The UDO was adopted by the College Station City Council on March 13, 2003 and has an effective date of June 13, 2003. The UDO was the subject of numerous public meetings and public hearings before the College Station Planning and Zoning Commission and City Council. Please contact me at 979/764 -3570 or ktemplin @ci .college - station.tx.us if you have questions regarding the enclosed information. Sincerely, 'j / s #." I► V. Kelly E. Templin, AICP Director of Development Services Enclosure cc: Harvey Cargill, Jr., City Attorney Home of Texas A &M University Home of the George Bush Presidential Library and Museum The City of 4 4 College Station, Texas (j - Embracing the Past, Exploring the Future. S � P S P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3500 www.ci.college - station.tx.us 9 June 2003 Certified Letter #7099 3400 0017 6090 1422 Michael Smith Sun Development Company 603 Texas Avenue South College Station, TX 77840 -1916 RE: Adopted Regulations for Sexually- Oriented Businesses Adult Video- 603 Texas Avenue South / 104 & 106 Poplar, College Station, TX Dear Mr. Smith: Please find enclosed a copy of the City of College Station's Unified Development Ordinance (UDO). Section 6.3.N of the UDO contains regulations pertaining to "Sexually- Oriented Businesses" located, or proposed to be located, in the City of College Station. The UDO categorizes your business known as the Silk Stocking as a Sexually- Oriented Business. Please note the amortization provisions ( §6.3.N.8) as they apply to your business. The UDO was adopted by the College Station City Council on March 13, 2003 and has an effective date of June 13, 2003. The UDO was the subject of numerous public meetings and public hearings before the College Station Planning and Zoning Commission and City Council. Please contact me at 979/764 -3570 or ktemplin @cf.college - station.tx.us if you have questions regarding the enclosed information. Sincerely, � 4 . � / i. er Kelly E. Templin, AICP Director of Development Services Enclosure cc: Harvey Cargill, Jr., City Attorney Home of Texas A &M University Home of the George Bush Presidential Library and Museum MAINE The City of Vq °; ..M c j Colleg e Station, Texas Embracing the Past, Exploring the Future. P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3500 www.ci.college - station.tx.us 6 June 2003 Certified Letter #7099 3400 0017 6090 1408 Blue Dolphin Club, Inc. 4075 State Highway 6, South College Station, TX 77845 RE: Adopted Regulations for Sexually- Oriented Businesses Adult Video- 603 Texas Avenue, South, College Station, TX Dear Sir /Madame: Please find enclosed a copy of the City of College Station's Unified Development Ordinance (UDO). Section 6.3.N of the UDO contains regulations pertaining to "Sexually- Oriented Businesses" located, or proposed to be located, in the City of College Station. The UDO categorizes your business known as the Silk Stocking as a Sexually- Oriented Business. Please note the amortization provisions ( §6.3.N.8) as they apply to your business. The UDO was adopted by the College Station City Council on March 13, 2003 and has an effective date of June 13, 2003. The UDO was the subject of numerous public meetings and public hearings before the College Station Planning and Zoning Commission and City Council. Please contact me at 979/764 -3570 or ktemplin @ci.college - station.tx.us if you have questions regarding the enclosed information. Sincerely, 4, � 9,J j. Kelly E. �`' plin, AICP Director of Development Services Enclosure cc: Harvey Cargill, Jr., City Attorney Home of Texas A &M University Home of the George Bush Presidential Library and Museum Development Services Department MEMORANDUM To: City Council From: Kelly Templin Through: Tom Brymer Harvey Cargill, Jr. Date: 20 May 2003 RE: Impacts of Sexually- Oriented Businesses There is convincing documented evidence that adult entertainment enterprises, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of the property values. Numerous studies, reports, and findings concerning the harmful effects of adult entertainment uses on the surrounding land uses and neighborhoods have been produced. (A) DETROIT, MICHIGAN- The Detroit Adult Entertainment Use Regulations were adopted in 1972 as a part of an "Anti Skid Row Ordinance" that prohibited an adult entertainment business within 500 feet of any residential area and within 1000 feet of any two other regulated uses. The term regulated use applied to a variety of other sexual entertainment, establishments, including adult theaters, adult book stores, cabarets, bars, taxi dance halls, and hotels. During the hearings on the ordinance, the City introduced extensive documentation that demonstrated the adverse socio- economic and blighting impacts that adult entertainment uses have on surround development. The documentation consisted of reports and affidavits from sociologists, urban planners, and real estate experts, as well as some laymen on the cycle of decay expected in Detroit from the influx and concentration of such establishments. (B) AMARILLO, TEXAS- In 1977, the Amarillo Planning Department prepared a report entitled, A Report on Entertainment Uses in Amarillo. The report concluded that adult entertainment uses have adverse impacts on surrounding land uses, and that those impacts on surrounding land uses, and that those impact can de distinguished from those of other businesses. The study found that street crime rates are considerably the City's average in areas immediately surrounding the adult - only businesses, and that late at night, during their primary operating hours, these businesses create unique problems of noise, glare, and traffic. (C) LOS ANGELES, CALIFORNIA- A November 1984 report, The Current Status of Pornography and it's Effect on Society, prepared by Los Angeles Police Department's concentrating adult entertainment businesses. The overwhelming increase in prostitution, robberies, assaults, thefts, and proportionate growth in police personnel deployed throughout Hollywood are all representative of the blighting that clustering of adult entertainment establishments has on the entire community. (D) INDIANAPOLIS, INDIANA- In 1984, Indianapolis surveyed real estate experts on the impact that adult entertainment uses had on surrounding property values. A random sample (20 percent) of the national membership of the American Institute of Real Estate appraisers was used. The opinion survey found that an adult bookstore located in the hypothetical neighborhood described would have a negative impact on residential property values of premises located within on block of the site. (E) PHEONIX, ARIZONA- A 1979 Planning Department study compared three study areas containing adult entertainment uses with control areas that had similar demographic and land use characteristics but not adult entertainment businesses. Their study indicated that, on the average, " In the three study areas, property crimes were 36 percent higher than in the control areas. (F) ST. PAUL, MINNESOTA- In 1978, the Planning Department of St. Paul completed a study of Effects on Surrounding Area of Adult Entertainment Businesses. The study concluded: (1) that were was a statistically significant correlation between neighborhood deterioration as reflected in housing values and crime rates and the location of adult entertainment businesses; (2) the statistical relationship was still significant after taking into account certain marketing factors, and; (3) there was a stronger correlation with neighborhood deterioration after establishment of an adult entertainment business than before. (G) BEAUTMONT, TEXAS- The effects of the concentration of adult entertainment uses in Beaumont was clearly illustrated in the commercial revitalization plan for the Charlton - Pollard neighborhood that was prepared by the City's Planning Department in May of 1981. This plan described the economic decline that followed the establishment of adult entertainment uses in a specific neighborhood. It was noted that the growing presence of adult businesses drives away neighborhood commercial stores. (H) SEATTLE, WASHINGTON- In 1976, the city of Seattle amended its zoning ordinance providing for the gradual elimination of nonconforming adult theaters. In a memorandum to the City Planning Commission from the Planning Department, proposed zoning ordinance amendments are recommended based in the evidence that neighborhood property values will be negatively impacted and that residents fear that some of the people attracted by adult theaters may constitute a threat to the comfort and safety of the residents. Evidence was presented in the report, which indicated that adult theaters were not compatible with adjacent residence and other types of uses such as churches, schools, etc. (I) AUSTIN, TEXAS- In May of 1986 the Austin Planning Department published a report on adult businesses in Austin. An analysis of crime rates in Austin was conducted by comparing areas with adult businesses to areas with out adult businesses. Four study areas were chosen that did not certain adult containing only one adult business each, and two study area were chosen containing two adult businesses each. Within those study areas containing adult businesses, sex crime were found to be from two to nearly five times the citywide average. Also, sex related crime rates were found to be 66% higher in study areas containing two adult businesses as compared to study areas containing only one (1) adult business. Austin conducted a survey of 120 real estate appraisers and lending institutions. Eighty -eight percent (88 %) of those responding indicated a belief that an adult bookstore would decrease residential property values with in one (1) block, and 59% felt that residential property values would decrease within three (3) blocks. A survey of three adult businesses in Austin revealed that only three customers had addresses within one mile of an adult business and 44% of all customers visiting the three adult businesses had addresses outside the City of Austin. The above studies show that concentrations of adult entertainment uses within a community have a serious deleterious physical, social, and economic effect on surrounding areas. The studies also show that regulations requiring the dispersion of adult entertainment uses are justified. The studies also show that because of their nature, adult entertainment uses can and should be relegated to nonresidential and non - retail zoning districts. Studies conducted in other cities and state throughout the country have shown a decline in neighborhoods, and neighborhood oriented commercial, religious, and institutional facilities when exposed to adult entertainment facilities. The City of College Station is relying on the findings of these studies and is attempting to benefit the public welfare by proposing new zoning rules. The Supreme Court has upheld the validity of such controls that disperse these kinds of activities within zoning districts that are less sensitive to their blighting influences. That there will be adequate locations for adult entertainment enterprises with in the City of College Station, after passage the Unified Development Ordinance (UDO). Currently approximately 4.5% of the City is available for relocation sites. It is recognized that adult entertainment enterprises due to their nature have serious objectionable operational characteristics particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent areas. The City seeks to minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods, deter the spread of urban blight, protect the citizens from increased crime, preserve the quality of life, and protect the health, safety, and welfare of the citizenry.