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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 03/27/1995 KENT PLANNING COMMISSION MINUTES Public Hearing March 27, 1995 The regular meeting of the Kent Planning Commission was called to order by Chair Kent Morrill at 7:00 p.m. on March 27, 1995 in Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Kent Morrill, Chair Russ Stringham, Vice Chair Gwen Dahle Kenneth Dozier Connie Epperly Edward Heineman, Jr. Robert MacIsaac Janette Nuss Mike Pattison PLANNING COMMISSION MEMBERS ABSENT: None PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Chris Holden, Administrative Secretary OTHER CITY STAFF MEMBERS PRESENT: Roger Lubovich, City Attorney APPROVAL OF FEBRUARY 27, 1995 MINUTES It was MOVED and SECONDED to accept the minutes of the February 27, 1995 meeting. The motion CARRIED unanimously. ADDED AGENDA ITEMS None #ZCA-95-1 Adult Use Zoning 1 _ Planning Commission Minutes March 27, 1995 COMMUNICATIONS Commissioner Nuss asked if all the Commissioners had received a letter from her regarding her stand on adult entertainment. Everyone concurred. NOTICE OF UPCOMING MEETINGS No meetings scheduled. ADULT USE ZONING - #ZCA-95-1 This is a continued hearing from February 27, 1995. Roger Lubovich, City Attorney for the City of Kent, commented that at the February 27, 1995 hearing, the Planning Commission rejected the staff s recommendation of eliminating the 1000 foot setback for nonconforming residential units in commercial and industrial zones which would have resulted approximately 32 commercial sites in the City that could be used for adult entertainment. The Planning Commission requested that no additional sites be considered. Subsequently, after discussion, the Planning Commission recommended that not more than 20 sites be considered to allow adult uses. Mr. Lubovich commented staff is having a problem with creating a formula that would allow adult uses to be on only 20 sites. Staff does not have a proposal to offer to the Planning Commission at this time. Therefore, staff is recommending that the Planning Commission take this matter to a workshop. At that time, it could be discussed what are the requirements and options that would be available to determine where adult uses entertainment could be situated. Commissioner Nuss had concerns about the safety of Kent's citizens. She stated that presently the City is exposed to any type of adult use in any location. Ms. Nuss asked how long would Mr. Lubovich feel comfortable to extend this moratorium. Mr. Lubovich reiterated that staff is asking the Council to extend the moratorium. The request will go to City Council with an emergency ordinance proposal on Tuesday, April 4. He commented that as long as the moratorium is in place, the City won't be accepting any new applications for adult entertainment businesses. Mr. Lubovich stated staff did not have any site recommendations to offer the Planning Commission and he is recommending that the Commission sit down at a workshop with maps and look at the various impacts of adult entertainment on sites in the City. #ZCA-95-1 Adult Use Zoning 2 _ Planning Commission Minutes March 27, 1995 Commissioner Stringham asked if the members of the audience at tonight's meeting receive notification of the next public hearing. James Harris responded that they would be notified if they would sign up on the sign-up sheet that is on the table. Commissioner Dozier MOVED that the Planning Commissioner accepted the recommendation to have the public speak tonight and then have a workshop on this matter on April 10 followed by a public hearing on April 24. Commissioner Epperly SECONDED the motion. Discussion followed concerning the current moratorium on adult uses. MOTION CARRIED. Mr. Lubovich gave a brief history of the adult use entertainment business in Kent. The Kent City Code has zoning restrictions on these facilities: 1,000 feet from churches, schools, parks, libraries; 1,000 feet from residential zones and a 1,000 feet from residential uses which are basically nonconforming uses in other zones. An application for an adult entertainment business was filed with the City and was denied because of these restrictions. The applicants filed an action in Federal District Court and the Court looked at our zoning restrictions and determined that the ordinance, on its face, was constitutional but as applied for the situation did not allow enough sites for this type of business. The US Supreme Court has maintained that these type of businesses cannot be prohibited within any city. However, the placement of the business can be regulated. From that Court case it was stipulated and ordered that the applicants can have that specific site and the City must go back and relook at the zoning regulations to try and open up additional sites within the City and where they could be located. Since we cannot zone these type of business out of the City, the licensing was looked at that was in place for this type of facility. The City Council did adopt a new licensing regulation which cover this type of facility. As indicated, these uses cannot be prohibited but they can be regulated. Currently, the zoning issue is being considered. The entire City does not have to be considered but the question is where do we put this type of business and how many sites do we allow. Chair Morrill opened the public hearing. JIM SCHINERS, 24500 RUSSELL ROAD, KENT, WA 98032, commented he only heard about this meeting this afternoon. He commented he was moving to Graham because he didn't like the way Kent was developing. He didn't know why this City didn't stand up and fight to keep stuff like this out of the City. He felt that this would bring in perverts. He thought Kent was a family-oriented place. #ZCA-95-1 Adult Use Zoning 3 _ Planning Commission Minutes March 27, 1995 MARIE MAURITENSON, stated she has lived in her home for 55 years. She commented the site was too close, just about a block away from her home. She thought it was wrong to have it there. Ms. Mauritenson stated someone came to her door one night in the fall and told them about the dance place that was moving in. She pointed out that Russ Stringham gave them the notice about the meeting. Commissioner Dahle remarked that the US Supreme Court gave permission for the dance club to be developed at the site next to Pasquale's. CLYDE MOOSE, 21740 84th Avenue S., felt that if this type of activity was allowed in the community, there will be an additional tax burden on the community because extra police will be needed because of the additional criminal activity that will take place. ADELE SACHKLES, 21740 84th Avenue S. (Willo Vista), commented they received the notice about the adult entertainment business. She stated that there was already a lot of crime in the area and felt there might be more if this business was allowed. She was worried about the increase in crime. JOHN EVANS, 21740 84th Avenue S. (Willo Vista), stated that most of the park members are over 55 years old. This area (sic. where adult entertainment business will be located) is very close to the park. He felt that as soon as the adult bar opened there would be an increase in prostitution and drugs in the area. This increase would be detrimental to the children in the area. HOWARD MONTOURE, 21620 84th Avenue S., remarked that this strip joint would be within 150 feet from the front porch of the residential house. He commented that if you left one in that's o.k., but if you have more than one, it's ridiculous. This type of use should be over on 4th Avenue or on Highway 99. Would there be any reason why this type of use couldn't be on 99. He felt that if this use did move into the neighborhood that everyone around there should have a gun for protection. ANN LEWIS, 8418 S. 222nd, has lived 35 years in the same house. Her home is just around the corner from Willo Vista Trailer Court. She urged the Commission to keep this use out of the valley. ELIZABETH RICHARDSON, 13511 SE 264th, commented she didn't live close to where the establishment is proposed. She stated she only heard about this meeting on the radio today. She felt there should have been more public announcement of this meeting. Ms. Richardson was concerned about the changes that are happening today. #ZCA-95-1 Adult Use Zoning 4 _ Planning Commission Minutes March 27, 1995 Commissioner Nuss commented that one of the ways to prevent cases like the City just had, is to pay attention to whom is being elected to the Supreme Court. Commissioner Dozier felt that it was time for the citizens to stand-up and realize that the people run this government and federal laws can be changed and judges can be removed. DAVE RICHARDSON, 13511 SE 264th, supported his wife's statements. He felt the Commission was interested and concerned about the citizens. He believed that there were other towns in the State that have had this issue before them. He felt the City should try some type of precedence to help strengthen the City's position. COMMISSIONER STRINGHAM MOVED to continue the public hearing to April 24, 1995, same place, same time. COMMISSIONER EPPERLY SECONDED. MOTION CARRIED. COMMISSIONER STRINGHAM MOVED and COMMISSIONER DOZIER SECONDED the motion to adjourned. MOTION CARRIED. Hearing closed at 7:45 PM. Respectfully submitted by: P. Harris, Secretary #ZCA-95-1 Adult Use Zoning 5