Loading...
HomeMy WebLinkAbout110810_ra01 Regular Agenda 10:00 AM JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator I&L AI Scalf, Department of Community Development (DCD) Direct~ 0 . Stacie Hoskins, DCD Planning Manager sut David Wayne Johnson, Associate Plann~ November 8, 2010 I2fD . Public Hearing for Re-establishment of Adult Business Momtorium FROM: DATE: SUBJECT: STATEMENT OF ISSUE: The Planning Agency and Board of County Commissioners have determined a need for Adult Business regulations. A momtorium per RCW 36.70A.390 would allow Jefferson County time to establish appropriate siting criteria and regulations prior to submittal of development proposals. The most recent momtorium (Ord No. 02-0510-10) was adopted May 10,2010 and expires November 9, 2010. The BOCC is required to hold a public hearing within 60 days of adoption of the momtorium. BACKGROUND: On February 16,2005, the Planning Commission nnanimously agreed to request the Board of County Commissioners pass a momtorium prohibiting the issuance of permits and approvals pertaining to adult businesses until the appropriate planning and regulations could be done. On March 14, 2005 the BoCC passed such a moratorium pursuant to RCW 36.70A.390. OnMay 19,2010, the Planning Commission held a public hearing on the amendment, deliberated and voted to forward their recommendation to the BoCC on June 2, 2010. On June 28, 201 0, DCD Staff presented the PC recommendation to the BoCC for possible acceptance and further action. At that Board meeting, The BoCC instructed staff to conduct further research on SOB licensing issues. . The current moratorium will expire before staff has concluded its research and presented findings to the BoCC for consideration and further action. On October 25,2010, the BOCC voted unanimously to continue to maintain the momtorium on adult businesses (Ord No. 06-1025-10) and continue review of amendment (MLA08-00257). To date, no applications for adult businesses have been submitted, and the Board has adopted seven momtoria regarding adult businesses: · Ordinance No. 04-0314-05, adopted March 14, 2005 · Ordinance No. 05-0505-08, adopted May 5, 2008 · Ordinance No. 10-1103-08, adopted November 3, 2008 · Ordinance No. 05-0427-09, adopted April 27, 2009 · Ordinance No. 08-1109-09, adopted November 9, 2009 · Ordinance No. 02-0510-10, adopted May 9, 2010 · Ordinance No. 06-1025-10, adopted October 25,2010 and expires April 25, 2011 1 Regular Agenda 10:00 AM ANALYSIS/STRATEGIC GOALSIPROS and CONS: Moratoriums are valid for 6-month periods so they must be reinstated periodically as the final legislation is drafted. The regulations for siting Adult Businesses is currently being reviewed and considered by DCD Staff and the BoCC. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The BOCC is required to hold a public hearing within 60 days of adoption of the moratorium. RECOMMENDATION: DCD recommends the BOCC: Conduct a public hearing on November 8, 2010 to receive testimony on Ord. No. 06-1025-10. REVIEWED BY: t/h~e Date 2 ,'.~...,.,-/ J . Y.A ,./ ~~:W /0 f2s 1'0 (. 0 d...Q.. JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting a Moratorium against the Issuance OfPennits or Approvals Pertaining To Adult Businesses } } } } Ordinance No. 0(9- 10 ZS-IC> WHEREAS, the County has determined to develop land use and development regulations for adult businesses; and WHEREAS, the County requires time to consider properly and carefully the potential location and regulation of adult businesses; and WHEREAS, based on a wide range oftestimony and documents presented to other cOU9-ties and cities by law enforcement officers and the public, County staff has concluded that adult businesses, although afforded limited constitutional protection, often result in undesirable secondary effects, including criminal and other uulawful activities such as narcotics and liquor law violations, breaches of peace, and assaults and sexual contact between patrons and entertainers; and WHEREAS, the conclusions of the County staff dovetail with and support the general collective knowledge of the three elected members of the County Commission, also known as the BoCC, relating to adult businesses; and WHEREAS, the BoCC finds that the County's land use planning process will suffer significant harm uuless applications for permits and approvals for adult businesses are prohibited until the planning process is completed; and WHEREAS, the BoCC finds that protection of the health, safety and welfare of the County's populace supports establishment of a moratorium on applications for permits and approvals for adult businesses, thereby creating an emergency in this County as referenced in the Planning Enabling Act at RCW 36.70.790; and WHEREAS, RCW 36.70A.390, a section of the Growth Management Act (Ch. 36.70A RCW), authorizes a County to adopt a moratorium on development 1 Ordinance No. permits and approvals for adult businesses and thereafter to hold a public hearing on the moratorium within 60 days of the commencement of the moratorium; NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners ordains as follows: SECTION I. Moratorium Established. A moratorium is imposed upon the filing with the County any applications for permits or approvals for "adult businesses." "Adult businesses" are defined for the purposes of this ordinance in Exhibit A. attaohed hereto and incorporated by reference. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION 3. Effective Date. This ordinance shall take effect immediately after passage. It shall be effective for six (6) months. ~ APPROVED AND SIGNED TIITS 0E DAY OF October 2010. SEAL JEFFERSON COUNTY .O~ David Sullivan, Chair . ~ . . .. B)(~ .4h~( " Phil Johnson, Member ATTEST ~ Lorna Delaney Clerk of the Board Approved as to form IOJ1ZJZOlO 'IDPA 2 Ordinance No. t , j I I , i , , I I i ,- . v ,~., EXHIBIT A (a) "Adult businesses" means any establishment or premises which has as a substantial or significant portion of its trade, the display, barter, rental or sale of any adult entertainment medium, or which meets the defmitions of "Adult Retail Establishment", "Adult Theatre" or "Adult Entertainment Establishment". (b) "Adult retail establishment" means any premises in which twenty-five percent or more of the retail space open to patrons consists of merchandise distinguished or characterized by the depiction, description, simulation or relation to "specified sexual activities" or "specified anatomical areas" as those terms are defined below. Merchandise for the PUlJlOses of this definition may include but is not limited to books, video, photographs, devices, magazines, posters or other mediums utilized t-o sell or display material. (c) "Adult Theatre" means any place of public assembly at which motion picture, slides, videos, films or any other method of visual media are presented which are characterized by depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patron therein. This shall not include movies that have been mted G, PG, PG-13, NC-I3, NC-17 orR by the Motion Picture Association of America. (d) "Adult Entertainment Establishment" means any business or establishment which displays any performance, display, dance or any other medium which the public, patrons, or members are invited or admitted where such entertainment involves a person appearing or performing who: i) Is unclothed or in such attire, COstume or clothing as to expose to view any portion of the female breast below the top of the areola, vulva or (without regard to gender) any portion of the pubic region, anns or genitals; or ii) Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of themselves, a patron, another employee, or anyone else, with the intent to sexually arouse or excite. (e) "Specified anatomical areas" means any of the following: i) less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately about the top of the areola; ii) Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (t) "Specified sexual activities" means any of the following: i) Human genitals in a state of sexual stimulation or arousal; or ii) Acts of human masturbation, sexual intercourse, sodomy or bestiality; or Hi) Fondling or other erotic touching of human genitals, pubic region, human anns, or female breast. 3 Ordinance No.