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5/29/2014 2:25:27 PM
Creation date
6/19/2013 3:43:30 PM
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Planning Files
Planning Files - Planning File #
08-014
Planning Files - Type
Conditional Use Permit
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Ms. Sangeeta Kurupillai <br />I � April 29, 1997 <br />Page 3 <br />All of these localities, after completing their own independent study of the issue, and reviewing <br />the work of the others, decided to enact conh�ols on SOBs which would prohibit them, from <br />concentrating in one area in the community and limit the areas in which they could locate to <br />those away from residentiaf, religious, educational and recreational uses. <br />In most cases, the localities limited SOBs from locating in all but a few zoning districts. They <br />set minimum distaaces between other SOBs as well as residential, religious, educational and <br />recreational uses. These distances were generally 500 or1,000 feet. Most localities established <br />amortization periods after the enactment of the ordinance in which SOBs became non- <br />conforming, Generally, local authorities could grandfather certain SOBs through a public <br />hearing process. Most of the clubs that were gra�dfathered were isolated establishments which <br />advertised discretely and were buffered from residential uses. <br />In severai instances, State and Federal Courts have found that legislation controlling SOBs was <br />constitutional and did not abridge First Amendment rights. As long as the locality provided for a <br />suf}icient number of relocation sites, these restrictions were found to be constitutional. <br />We reviewed these studies to determine whether the other cities used sound principles in <br />reaching their conclusions. After reviewing the studies completed by New York, Phoenix, <br />Indianapolis, Austin and Los Angeles, we determined that their methodology was appropriate <br />and their conclusions were sound. We have no reason to believe that these findings would be <br />any difference in Dallas. <br />These studies in the `bther localities found that adult entertainment uses have negative secondary <br />impacts such as increased crime retes, depreciation of property values, deterioration of <br />community chazacter and the quality of urban life."Z <br />In other cities' studies, as well as the study that we completed in Dallas, "Where respondents <br />indicated that their businesses or neighborhoods had not yet been adversely affected by adult <br />uses, this typically occurred in Study Areas with isolated adult uses. Moreover, these same <br />respondents typically stated that an increase in such uses would negatively impact them. <br />Community residents fear the consequences of potential proliferation and concentration of adult <br />uses in traditionally neighborhood-oriented shopping areas and view the appearance of one or <br />more of these uses as a deterioration in the quality of urban life."3 <br />ZIBID. p. vii <br />3IBID. p. viii <br />. 06/12/97 1530 TX/RX N0.5591 P. 4 <br />e <br />
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