HomeMy WebLinkAbout1534RESOLUTION NO. 15"3 tf
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to adult retail
establishments; adopting findings of fact and renewing a
moratorium on the acceptance of applications for and
the issuance of any business license or any building,
land use, or development permit or approval for adult
retail establishments.
WHEREAS, the City Council, has previously determined, as set forth
through findings in Ordinance Nos. 3214 and 3221, that adult entertainment uses
cause negative secondary effects that are detrimental to the public health, safety, and
general welfare ofthe citizens of Kent; and
WHEREAS, there are adult bookstores, adult novelty, and adult video
store establishments (hereinafter "Adult Retail Establishments") doing business within
the City of Kent whose stock and trade is devoted in whole or in substantial or
significant part to books, magazines, cards, pictures, periodicals, pre-recorded video
tapes, disks, film, or other such media, instruments, devices, equipment, paraphernalia,
toys and novelties, games, clothing, or other merchandise which are distinguished or
characterized by an emphasis on matter depicting, describing, or relating to specified
anatomical areas, specified sexual activities, and sexual conduct as those terms are
defined in the Kent City Code Section 5.1 0.030; and
WHEREAS, there is a possibility that the City could, in the near future,
receive applications for adult retail establishments that would significantly increase
the amount of square feet of commercial space characterized by such uses located
within the City; and
Adult Moratorium Renewal
WHEREAS, the Kent City Code relating to adult retail establishments
may not adequately address the various impacts that these uses present and the
protection of the public health, safety, and general welfare would be jeopardized by
the establishment of adult retail establishments prior to adoption of new regulations by
the City Council; and
WHEREAS, other cities m the surrounding Seattle-Tacoma
Metropolitan Region and elsewhere in the country have adopted ordinances regulating
adult retail uses, based upon evidence of the negative secondary effects of such uses;
and
WHEREAS, the citizens of Kent would be well served if the City more
fully addressed and understood the potential negative secondary effects, in the form of
health, safety, economic, and aesthetic impacts these uses imposed upon neighboring
properties and on the community as a whole; and
WHEREAS, the City needs time to review existing information on the
negative secondary effects of adult retail establishments and to review the Kent City
Code in a comprehensive fashion to determine whether it sufficiently addresses the
negative secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums
provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, RCW 35A.63.220 provides that a city adopting a
moratorium shall adopt findings of fact immediately after the public hearing held
within sixty (60) days of adoption ofthe moratorium; and
WHEREAS, a public hearing was held on Tuesday, November 17,
1998 before the Kent City Council, and after considering the matter, the City Council
adopted Findings of Fact and continued the moratorium until May 2, 1999; and
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WHEREAS, as a result of research and analysis performed during the
moratorium, the City has concluded that adult entertainment, including adult retail
uses and bookstores, has negative secondary effects and that code amendments are
necessary to the Kent City Code to address such effects; and
WHEREAS, in order to allow staff sufficient time to thoroughly
analyze all of the information staff has gathered during the six ( 6) month moratorium,
to draft proposed code amendments and to present such code amendments to the Kent
Planning Board and the full City Council, staff is requesting a six (6) month renewal
to the adult use moratorium; and
WHEREAS, pursuant to RCW 35A.63.220, a public hearing was held
on April 20, 1999, to consider renewing the moratorium for a six (6) month period;
and
WHEREAS, the City Council has considered all comments and
materials presented; and
WHEREAS, RCW 35A.63.220 provides that a city renewmg a
moratorium shall adopt findings of fact prior to such renewal; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Findings of Fact Incor.porated. The recitals
set forth in this resolution and Resolutions 1520 and 1521 are hereby incorporated as
if fully set forth herein and are hereby adopted as additional Findings of Fact to the
extent they are not inconsistent with the Findings of Fact adopted in Section 2 of this
Resolution.
SECTION 2. Findings of Fact. The Kent City Council hereby adopts
the following Findings of Fact:
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A. The City has determined previously, through public testimony and the
receipt of other evidence, that adult entertainment uses cause adverse secondary
effects that are detrimental to the public health, safety, morals, protection of minors,
and the general welfare of the citizens of Kent.
B. Many of those adverse secondary effects are summarized in the
findings of fact contained in Ordinance Nos. 3214 and 3221 and Resolution No. 1520
and 1521 which are incorporated herein by this reference. Those adverse secondary
effects include significant criminal activity not limited to prostitution, illegal
employment of minors, narcotics, and alcoholic beverage law violations, breaches of
the peace, tax evasion, and harboring of persons with outstanding arrest warrants.
C. Those adverse secondary effects also include public sexual conduct on
the premises of adult entertainment businesses, which can facilitate prostitution and
related crimes. Such conduct also causes substantial public health and safety
concerns, not limited to the spread of sexually transmitted diseases.
D. The City has reviewed studies from other cities earlier presented to the
City Council concerning the adverse secondary effects arising from adult retail
establishments (a subset of adult entertainment uses), whose stock in trade is devoted
in whole or in substantial or significant part to books, magazines, cards, pictures,
periodicals, prerecorded video tapes, disks, film or other such media, instruments,
devices, equipment, paraphernalia, toys and novelties, games, clothing or other
merchandise which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified anatomical areas, specified sexual
activities, and sexual conduct, as those terms are defined in the Kent City Code,
Chapter 5.1 0.
E. The City adopts by reference the studies from other cities that conclude
that adverse secondary effects from such adult retail establishments include increased
crime rates, depreciation of property values, deterioration of community character, and
a decrease in the quality of life.
F. The City adopts by reference the conclusions contained in such studies
that conclude that such adult retail establishments tend to concentrate in certain areas,
and that the proximity of those establishments to sensitive uses such as schools,
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residential zones, places of religious worship, and parks result in similar or increased
adverse secondary effects.
G. Although reliance on these studies may result in decisions by the City
to regulate the location of such adult retail establishments, the City believes that the
characteristics of such establishments within the City may have an impact on the type
and manner of regulation which the City chooses to employ. The City finds that
additional review of such other studies on the secondary effects of adult retail
establishments is necessary to determine what regulations are appropriate.
H. As a result of these studies, staff will prepare and present to the Land
Use Board and City Council for consideration proposed amendments to the Kent City
Code to address the negative secondary effects of such adult uses.
I. A renewal of the moratorium established by City of Kent Resolution
No. 1521 until October 29, 1999 is necessary to take such additional action.
SECTION 3. Continuation of Moratorium. Based on the Findings of
Fact adopted in Sections 1 and 2, the City Council hereby determines that it is
necessary for the moratorium enacted in Resolution No. 1520 and 1521 to be renewed
for an additional 180-day period. Accordingly, the moratorium shall not expire until
midnight on October 29, 1999, unless the moratorium is shortened or extended by
action of the City Council or until the effective date of any ordinance establishing new
regulations governing adult retail establishments, which ever is sooner, and during
said moratorium, no business license and no building, land use, or development permit
or approval shall be issued nor shall any such permit or license application be accepted
for any adult retail establishment as defined in Kent City Code 5.10.
SECTION 4. Staff Review. During the six (6) month extension, staff
will continue its analysis and review of studies and ordinances from other jurisdictions
addressing the negative secondary effects of adult businesses including adult
bookstores. Staff will draft proposed amendments to the Kent City Code covering
regulation of adult establishment businesses. The draft amendments will be presented
to the Kent Planning Board and the full City Council as appropriate for consideration.
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SECTION 5. Temporary Use Permits. Notwithstanding the
moratorium in Section 3 above, any adult retail use establishment which satisfies all
criteria applicable to its underlying zone may be permitted under a temporary use
permit if it meets: (a) the requirements of KCC 15.08.270; and (b) other applicable
criteria under the Kent City Code, including those set forth in Title 15 KCC for
issuance of a temporary use permit.
SECTION 6. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 7. Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 8. Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASS ED at a regular open public meeting by the City Council of the City
ofKent, Washington, this oZf) day of ~ , 1999.
CONCURRED in by the Mayor of the City of Kent this d.LJ day of
O~L ,1999.
ATIEST:
CLERK
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APPROVED AS TO FORM:
~~------::
RoGER:iiJBOviCH, CITY AlJORNEY ~
I hereby certify that this is a true and correct copy of Resolution No.
!53t/ passed by the City Council of the City of Kent, Washington, the a:2D cA--day
of~ ,1999.
P·\LAW\Resoluhon\moratorium continuation doc
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