HomeMy WebLinkAbout1555RESOLUTIONNO. (,5"~5'
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 ofKent; 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 5.10.030; 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
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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 additional adult retail establishments prior to adoption of new
regulations by the City Council; 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
WHEREAS, a public hearing was held on Tuesday, April 20, 1999,
before the Kent City Council, and after considering the matter, the City Council
adopted findings of fact and renewed the moratorium until October 29, 1999, in order
to allow for additional research on the matter.
WHEREAS, as a result of research and analysis performed during the
moratorium, as set forth in Resolution No. 1534, 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, proposed code amendments are currently under
consideration by the Land Use and Planning Board with a hearing scheduled for
September 27, 1999, with Council action anticipated in October.
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WHEREAS, the moratorium will expire prior to consideration and
possible enactment of any code amendments, therefore, 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 October 5, 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 Incorporated. The recitals
set forth in this Resolution and Resolutions 1520, 1521, and 1534 and Findings of Fact
set forth in Section 2 of Resolution 1534 are hereby incorporated as if fully set forth
herein.
SECTION 2. Continuation of Moratorium. Based on the Recitals and
Findings of Fact adopted in Section 1, the City Council hereby determines that it is
necessary for the moratorium enacted in Resolution No. 1520, 1521, and 1534 to be
renewed for an additional 180-day period. Accordingly, the moratorium shall not
expire until midnight on April 20, 2000, 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
3 Adult Moratorium Second Renewal
application be accepted for any adult retail establishment as defined in Kent City Code
5.10.
SECTION 3. 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 4. 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 5. Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. 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 S day of /2~, 1999.
CONCURRED in by the Mayor of the City of Kent this s-day of
tOe-7~,1999.
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ATTEST:
APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy of Resolution No.
I SS'"b" passed by the City Council of the City of Kent, Washington, the ..5 day
of (Q~ , 1999.
-~
CLERK
P: \Civil\Reso!l!.tion\M )nfoo:iumRenewal02 doc
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DATE: October 20, 1999
City ofKent
MEMORANDUM
TO: Kent City Councilmembers
FROM: Dena Laurent
Government Affairs Manager
SUBJECT: Draft Revisions to the Draft Legislative Agenda
Below is suggested language to address the issues raised in our discussion last evening of
the Draft 2000 Legislative Agenda. I have also attached a section from the Seattle
Legislative Agenda on the topic of Domestic Violence, which may have language you
would like to include in the revised section on this topic. Please forward your feedback to
me (856-5708) by Friday, October 29. Thank you again for the thoughtful discussion of
the Agenda last night.
PIPELINE SAFETY--The City of Kent supports legislative initiatives that will strive to
ensure a safer environment for cross-state pipeline operations which impact cities and
their communities. Kent's citizens who have Olympic Pipeline routes in or near their
neighborhoods should be provided with the most assurance possible that pipelines will be
inspected regularly, tested, operations plans reviewed, etc. Legislative efforts such as a
state office of pipeline safety, or a stepped-up role for the existing Energy Facilities
Siting Commission, are worthy of further evaluation and support.
LOW-INCOME HOUSING--Kent supports efforts to ensure the availability of an
adequate supply of low-income housing is available. Efforts to assist with creation of
low-income housing, such as a proposed $3 recording fee on transactions that is being
pushed by the Low-Income Housing Congress, should be moved forward and supported.
Further, it is critical for funding sources for low-income housing to be permanent, stable,
and dedicated, and acceptable to both governmental jurisdictions as well as the
development and real estate community. Finally, low-income housing should be
equipped with the same quality and safety features as other single-family and multi-
family housing.
AFFORDABLE HOUSING: The City of Kent supports efforts to ensure that affordable,
lower-cost housing is available to residents who cannot afford the increasingly expensive
median-priced homes in King County. Strategies to provide such housing and
proportionately disperse it through neighborhoods--while avoiding a clustering of
lower-income housing in any one neighborhood --should be pursued at the federal, state,
and local levels.
DOMESTIC VIOLENCE--Kent supports refinements to current domestic violence law
which will afford additional protection to victims and their children, and which will
provide incentives and funding to help with domestic violence prevention and education
efforts. The City also supports initiatives that are being pursued to provide additional
housing and shelter for domestic violence victims and their children, as well as access
and recognition within the state's welfare-to-work structure and programs.
Seattle Agenda Language
Support the following Washington State Coalition Against Domestic Violence legislative
priorities:
i. Creating privilege for communications between victims of domestic violence
and community based victims' advocates (outside of prosecution efforts).
ii. Funding from welfare caseload savings for domestic violence shelter and
transitional housing for victims of domestic violence and increased programming and
counseling for children of victims housed in domestic violence shelters.
C: Mayor White
Brent McFall
Doug Levy