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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 I Billboard Moratorium Renewal 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 2 Billboard Moratorium Renewal 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, 3 Billboard Moratorium Renewal 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. 4 Billboard Moratorium Renewal 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. P:\C;vil\Resolution\BillboardMoratorRenew.doc 5 Billboard Moratorium Renewal