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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 2 Adult Moratorium Renewal 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: 3 Adult Moratorium Renewal 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, 4 Adult Moratorium Renewal 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. 5 Adult Moratorium Renewal 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 6 Adult Moratorium Renewal 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 7 Adult Moratorium Renewal