Yale Park Homeowners Association
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Sexually Oriented Business ChallengeDear HOA Presidents:Current Status as of March 14, 2007 All residences and businesses of Richardson should have received a letter by mail from Mayor Gary Slagel dated March 2, 2007, on behalf of the Richardson City Council, regarding the threat facing our community with respect to sexually oriented businesses (SOBs). Though the City is required by the Supreme Court to provide a location for SOBs, the City Council is strongly opposed to SOBs locating anywhere within Richardson and they remain committed to preventing these types of businesses from locating within the community. A moratorium on SOB development remains in place until it expires on May 13, 2007. On Monday, March 5, 2007 and Sunday, March 11, 2007, the Richardson City Council met to further discuss with the City Attorney all available options for restricting SOBs in Richardson. The City Council met with the homeowner association leaders on Tuesday, March 6, 2007 and held a public Work session on Monday, March 12, 2007 to provide the community with a status report on this issue and receive public input. All public comment received will be taken into consideration as the City Council moves forward in resolving this complex issue. The power point presentation from the March 12 meeting is posted on the City’s web site at www.cor.net. The City of Richardson’s current requirement for SOBs to seek a special permit to locate in commercially zoned areas of the community is the subject of a lawsuit in federal district court filed by Zone D'Erotica which is scheduled for hearing on January 22, 2008. The City Council is considering the best approach to preventing SOBs from locating in Richardson while the outcome of this lawsuit is still pending. Current consideration by the City Council is to require an SOB to go through the public approval process at the City Plan Commission and the City Council. Furthermore the City Council is considering adding an extra layer of protection against SOBs through the adoption of stringent licensing and operating requirements. These requirements would be structured so as to strongly deter SOBs from locating in Richardson. Licensing requirements under consideration include: Definitions
The City Council is also seeking opportunities to join other communities across the country in fighting at the high court level for local control with respect to the approval and regulation of SOB development within communities. An Executive Session is planned for Monday, March 19, 2007 to continue discussing the legal ramifications associated with the City Council's current considerations. A public Work session will be held on Monday, March 26, 2007 at 6 p.m. at Richardson City Hall to receive a status report on the City’s progress and receive public input prior to the City Council taking further action. Sincerely, David Morgan Assistant City Manager
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