HomeMy WebLinkAbout1556RESOLUTION NO. I[; 5 Ia
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to billboards
adopting findings of fact renewing a moratorium on the
acceptance of applications for and the issuance of any
building, land use, or development permit or approval
for billboards.
WHEREAS, the City Council is currently reviewing its policies with
regard to the zoning and placement of off-premises signs as defined in the Kent zoning
code section KCC 15.02.430 (hereinafter "billboards") in the City ofKent; and
WHEREAS, a number of billboards are currently located in the City of
Kent; and
WHEREAS, there is a possibility that the City could, in the near future,
receive more applications for billboards that would significantly increase the number
of such signs located within the City, especially in light of the new corridor projects
planned or under construction in the City of Kent; and
WHEREAS, the City Council is concerned about the potential impacts
that such signs may create that would be detrimental to public health, safety, and
general welfare ofthe citizens of the City of Kent; and
WHEREAS, the Kent City Code relating to billboards 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
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of such establishments prior to a review of the matter and possible adoption of new
regulations by the City Council; and
WHEREAS, the citizens of Kent would be well-served if the City more
fully addressed and understood the potential impacts in the form of health, safety,
economic, hazards to traffic, and aesthetic impacts these signs Impose upon
neighboring properties and the community as a whole; and
WHEREAS, the City needs time to review existing information on the
affects of these signs and to review the Kent City Code in a comprehensive fashion to
determine whether it sufficiently addresses the impacts of such uses; and
WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums,
provided a public hearing is held within sixty days of adoption; and
WHEREAS, on April 20, 1999, the City Council adopted Resolution
No. 1536 imposing a moratorium barring acceptance of all applications for the
issuance of any building, land use, or development permit or approval for billboards
until additional review has been completed and any necessary code revisions have
been adopted by the Kent City Council; 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 days of adoption of the moratorium; and
WHEREAS, a public hearing was held on Tuesday, May 4, 1999,
before the Kent City Council and the moratorium was continued until midnight
October 17, 1999; and
WHEREAS, in order to allow staff sufficient time to thoroughly
analyze all of the information staffhas gathered during the six (6) month moratorium,
to draft proposed code amendments and to present such code amendments to the Kent
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Planning Board and the full City Council, staff is requesting a six ( 6) month renewal
to the billboard 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, the Kent City Council understands that communication
displayed by billboards may be protected by the First Amendment of the U.S.
Constitution and/or Article I, Section 5 ofthe Washington State Constitution; and
WHEREAS, the Kent City Council does not intend by this resolution to
impermissibly infringe upon any protected free speech rights; and
WHEREAS, the City Council finds that the protection of the health,
safety, and welfare supports continuing a moratorium on the acceptance of all
applications for issuance of any building, land use, or development permit or approval
under the Kent City Code for billboards until additional review has been completed
and any necessary code revisions have been adopted by the Kent City Council; NOW
THEREFORE,
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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 1536 and 1537 are hereby incorporated as
if fully set forth herein and are hereby adopted as Findings of Fact.
SECTION 2. Renewal of Moratorium. Based on the Findings of Fact
adopted in Sections 1, the City Council hereby determines that it is necessary for the
moratorium enacted in Resolution No. 1536 and 1537 to be renewed for an additional
180-day period. Accordingly, the moratorium shall not expire until midnight on April
14, 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 billboards, whichever is sooner, and during said moratorium, no building,
land use, or development permit or approval, or any other permit or approval required
to construct, install, or relocate any billboard as identified in the Kent Zoning Code
(including a variances and rezones) nor shall any such permit or license application be
accepted.
SECTION 3. 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 4. Ratification. Any act consistent with the authority and
prior to the effective date ofthis resolution is hereby ratified and affirmed.
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SECTION 5. 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 5 day of tlJ~A--, 1999.
CONCURRED in by the Mayor of the City of Kent this s-day of
~~,1999.
ATTEST:
YCLERK
APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy of Resol~on No.
/~"31.., passed by the City Council of the City of Kent, Washington, the 6 day
of c0~/1....-, 1999.
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