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HomeMy WebLinkAbout1521. .,.......,. .......... . RESOLUTION NO. /5~ J A RESOLUTION of the City Council of the City of Kent, Washington, relating to adult retail establishments; adopting fmdings of fact and continuing 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 of the 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 defmed 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 1 Moratorium Continuation 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, morals, 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 in 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 and RCW 36.70.390 authorize cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on November 3, 1998, the City Council adopted Resolution No. 1520 imposing a moratorium barring the acceptance of all applications for the issuance of any business license, or building, land use, or development permit or approval under the Kent City Code for adult retail establishments until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; and 2 Moratorium Continuation 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 of the moratorium; and WHEREAS, a public hearing was held on Tuesday, November 17, 1998 before the Kent City Council; and WHEREAS, the City Council has considered written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals and Findings of Fact Incomorated. The recitals set forth in this resolution 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: 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 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. 3 Moratorium Continuation 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 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 is concerned that the studies from other cities 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 is also concerned that the studies from other cities 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, 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. A continuation of the moratorium established by City of Kent Resolution No. 1520 until May 2, 1999 is necessary to take such additional action. 4 Moratorium Continuation 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 to remain in effect for the entire 180-day period set forth in Resolution No. 1520. Accordingly, the moratorium shall not expire until midnight on May 2, 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. 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 ofKCC 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 5. Severabilitv. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 7. 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 of Kent, Washington, this /7 T.A day of ~ , 1998. 5 Moratorium Continuation tf.- CONCURRED in by the Mayor of the City of Kent this /7 day of ~.1998. ATTEST: ITYCLERK I hereby certify that this is a true and correct copy of Resolution No. /5.:L I .E~sed by ~e City Council of the City of Kent, Washington, the I 7 ~~>-day of -.!-..C-Y~_.:_...:=..:_ __ ___, 1998. ~~or<k~ BRENDAJAcoBTY CLERK 6 Moratorium Continuation