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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 09/27/1999 CITY OF i IN�r�TA Jim White, Mayor Planning Department (253) 856-5454/FAX(253)856-6454 James P Harris,Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing September 27, 1999 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7 00 p in on Monday, September 27, 1999 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT James P Harris, Planning Director Ron Harmon, Chair Linda Phillips, Planner Terry Zimmerman, Vice Chair Roger Lubovich, City Attorney Brad Bell Justin Osemene, Asst City Atty Steve Dowell • Jon Johnson David Malik Sharon Woodford APPROVAL OF MINUTES Ron Harmon MOVED and Terry Zimmerman SECONDED to approve the minutes of August 23, 1999. Motion Carried. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Director, James Hams announced a workshop would be held at 9.00 am Saturday, October 9 to tour the 1999 comprehensive plan amendment sites. CPA-99-2 KENT &FEDERAL WAY SCHOOL DISTRICTS CAPITAL FACILITIES PLAN Planner, Linda Phillips stated that the process of incorporating school capital facilities plans into the Capital Facilities Elements of Cities and Counties was authorized by the Washington State Growth Management Act for the purpose of mitigating the effects of population growth on school facilities in area schools. Ms. Phillips stated that in 1995 the City of Kent adopted an ordinance establishing a framework for incorporating the capital facilities plans of the Kent and Federal Way School . Districts for the purpose of collecting school impact fees related to new residential development. Ms Phillips stated that in 1998 Kent extended the school impact fee collection for two more years Ms. Phillips stated that the City Council declared an emergency at their September 7, 1999 meeting so that the Capital Facilities Plans could be incorporated immediately if they are adopted and not watt for the cycle of comp plan revisions that the City observes every year 2204th AVE SO, i KBNT,WASHIN(,TON 98032-5895/TELEPHONE (253)856-5200 Land Use and Planning Board Minutes September 27, 1999 • Page 2 Ms. Phillips stated that upon reviewing the schools' capital facilities plans, it is evident they are similar to our City's Capital Facilities planning process Ms Phillips stated that Kent and Federal Way inventory existing facilities, set level of service standards and work with their communities to determine what the standards should be for their school districts Ms. Phillips stated that when the school districts assess their needs, they look at population projections and other area data. Ms. Phillips stated that the school districts look at student generation factors to determine the number of children generated from the homes in their areas She stated that they survey their funding sources and arrive at a calculation that tells them what their school impact fees should be Ms Phillips stated that the Kent School District's impact fees for single families were $3,744 00 in 1998 increasing to $3,782 00 for 1999. Ms Phillips stated that the school impact fees for multifamily were $1,000 00 in 1998 and increased to $2,329 00 in 1999 Ms. Phillips stated that the Federal Way School District's impact fees for single families were $2,883 00 in 1998 with 1999 proposed impact fees estimated at$2,384 00 She stated that the school impact fees for multifamily were $875.00 in 1998 and the 1999 proposed impact fee is $804 00 Brad Bell MOVED and Steve Dowell SECONDED to open the public hearing MOTION tamed. Jerri Walker with Federal Way School District clarified that there was a calculation error in the initial impact fee report and that the proposed multifamily fee for this year is $786 00 and not $804 00. Gwen Escher as representative for the Kent School District stated that she would be glad to address any questions. No questions were raised. Brad Bell MOVED and Sharon Woodford SECONDED to close the public hearing. MOTION carved. Steve Dowell objected to the tax by stating that it should be broad based, fair and equitable and that the current tax meets none of those requirements Mr Dowell expressed his opinion that legislature needs to implement a more equitable method to fund our school system Brad Bell MOVED and Jon Johnson SECONDED to accept staff's recommendation for#CPA-99-2 Kent & Federal Way School Districts Capital Facilities Plan with the amendment to accept the corrected figure of$786 00 for multifamily and not $804.00 for the Federal Way School District. MOTION carried unanimously. #ZCA-99-4 ADULT RETAIL STORES ZONING CODE AMENDMENT City Attorney, Roger Lubovich stated that in 1995 the City of Kent adopted a comprehensive adult entertainment business licensing code defining adult retail as adult bookstores, videos and novelty shops Mr Lubovich stated that the current Business License Code defines adult retail as a 20% stock and trade in adult entertainment material He stated that the proposed ordinance redefines • adult retail based on case law as well as a perceived influx of adult retail establishments in the region. Land Use and Planning Board Minutes September 27, 1999 • Page 3 Mr. Lubovich stated that the Zoning Code defines adult retail as 20%stock and trade or revenue, indicating a minor inconsistency between the Business License Code and Zoning Code. He stated that the ordinance tries to clear up the inconsistencies by revising both the business licensing and the zoning code Mr. Lubovich stated that in 1991 World Wide Video vs. City of Tukwila struck down Tukwila's ordinance The court in World Wide Video maintained that there was no indication that take home material from an adult retail establishment with only 10% of its stock in trade and material created a secondary negative impact in the community Mr. Lubovich stated that Tukwila's ordinance allowed for 10% adult entertaimnent material with a zoning of 1,000 feet from churches, schools and parks. He stated that the City of Kent has similar regulations in that if you are an adult retail establishment you can not locate closer then 1,000 feet from churches, parks, schools, libraries and residential zones. Mr. Lubovich stated that Kent's ordinance was struck down in this instance as the court found that establishments with take home material did not have the same impact in the community as establishments allowing live entertainment such as exotic dancers Mr. Lubovich stated that the challenge with this ordinance is that the City of Kent needs to show that adult entertainment facilities do create impacts in the community and to establish a definition • establishing the criteria for these types of businesses Mr. Lubovich stated that the numerous studies on adult retail establishments indicate that they do have impacts within communities and there have been court cases since World Wide Video that have upheld similar ordinances dealing with the definition of"significant or substantial" stock in trade in adult retail material. He stated that the court upheld the regulation in the case of IOQ Investments versus City of Rochester with the "significant or substantial" definition,. This establishment had 40% of its floor space dedicated to adult retail material, comprising 50% of its sales. Mr Lubovich stated that he spoke with the owners and managers in Kent's adult retail establishments. He stated that there are two Lover's Packages, Excitement Video, Magic Video and The Voyeur and that only Excitement Video is zoned as a retail facility and does 100% adult retail business Mr. Lubovich stated that in speaking with the Police Department,there have not been any negative incidents associated with these establishments. Mr. Lubovich stated that the proposed change in the ordinance would increase adult retail from 20% to 30% and that tlus percentage is defined as a rebuttal presumption. Mr Lubovich spoke at length in defining the text changes to the adult retail ordinance. He stated that there is a moratorium due to expire on October 29,with a request to be brought before the City Council at their October 5 meeting to renew the moratorium He stated that it is anticipated that the full six-month renewal of that moratorium will not be needed. Chair Ron Harmon voiced concern over crime and indicated that he would like to see the 30 percent • for adult retail material be reduced Mr Lubovich said that findings indicate that there is not an impact and Kent's establishments seem to be just under 30%. Mr Lubovich stated that as long as a facility can rebut the percentage, the City probably could decrease the percentage, however, if an impact can not be shown, it would be difficult to defend f Land Use and Planning Board Minutes September 27, 1999 Page 4 Board member Brad Bell voiced support of Roger Lubovich's position with the 30%threshold since there does not seem to be any significant problems in the Kent area Board member Sharon Woodford supported the 30% threshold for adult retail material Board member, Terry Zimmerman asked Mr Lubovich if the percentage of allowable retail space would exceed the 30% for the very large box adult entertainment bookstores. Mr. Lubovich stated that the percentage would not change although the quantity of the inventory would differ based on the size of the store He stated that it would be difficult to control a store's size Terry Zimmerman stated that she would support the 30% threshold Sharon Woodford MOVED and Jon Johnson SECONDED to open the public hearing. MOTION CARRIED. There was no public testimony. Jon Johnson MOVED and David Malik SECONDED to close the public hearing. Motion carved. Brad Bell MOVED and David Malik SECONDED to accept the Legal Department's recommendation of#ZCA-99-4 Adult Retail Stores Zoning Code Amendment without change. MOTION CARRIED with Steve Dowell and Ron Harmon opposed. Brad Bell stated that he made the motion based on Roger Lubovich's abilities to look at this problem and make decisions based on the information he has gathered as well as the fact that Kent currently has no problems with this issue. Ron Harmon reiterated his concerns for the community if the percentage is not lowered and encouraged the Board to look at decreasing the percentage to 20 percent. Board member David Malik stated that he respected Ron Harmon's views but voiced his confidence in Roger Lubovich's studies. Board member Steve Dowell concurred with Chair Harmon that lowering the percentage wo+d be advisable and voiced his opposition to the 30 percent threshold ADJOURNMENT The meeting adjourned at 7:45 p.m. Respectfully Submitted, Ja s . Harris cretary