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HomeMy WebLinkAbout062011_ra03 Regular Agenda 10:45 AM JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: SUBJECT: Board of County Commissioners Philip Morley, County Administrator ~_ AI Scalf, Department of Community Development (DCD) Directofl CY Stacie Hoskins, DCD Planning Manager E!}Jk David Wayne Jolmson, Associate Planner June 20, 2011 Public Hearing for Re-establishment of Adult Business Moratorium TO: FROM: STATEMENT OF ISSUE: The Planning Agency and Board of County Commissioners have determined a need for Adult Business regulations. A moratorium 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 moratorium COrd No. 01-0425-11) was adopted April 25, 2011 and expires October 25,2011. Legal notice of the public hearing was published in the Port Townsend Leader on June S, 2011. The BOCC is required to hold a public hearing within 60 days of adoption of the moratorium. BACKGROUND: On February 16, 2005, the Planning Commission unanimously agreed to request the Board of County Commissioners pass a moratorium 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. On May 19,20 I 0, 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 2S, 2010, 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. Staff brought the proposed amendment back to the Planning Commission for further review and possible reconsideration of their recommendation. On February 2, 2011 the Planning Commission voted to revise their recommendation removing the licensing provisions under proposed Chapter 5.10. On March 21, 2011 Staff presented the revised Planning Commission recommendation to the BoCC who chose to further explore the issue of business licensing through a County Staff workshop. The current moratorium expired before staff concluded its research and presented findings to the BoCC for consideration and further action. On April 25, 2011 the BOCC voted unanimously to continue to maintain the moratorium on adult businesses COrd No. 01-0425-11) and continue review of amendment (MLAOS-002S7). To date, no applications for adult businesses have been submitted, and the Board has adopted eight moratoria regarding adult businesses: . Ordinance No. 04-0314-05, adopted March 14,2005 . Ordinance No. 05-0505-08, adopted May 5, 200S . Ordinance No. 10-1103-08, adopted November 3, 2008 1 Regular Agenda 10:45 AM . 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 . Ordinance No. 01-0425-11, adopted April 25, 2011 and expires October 25, 2011 ANALYSIS/STRATEGIC GOALSIPROS and CONS: Moratorhnns 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, Prosecuting Attorney, Auditor, Sheriff and the BoCC. The BOCC is required to hold a public hearing within 60 days of adoption of the moratorium. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Department of Community Development staffwork is covered by the department's annual budget. RECOMMENDATION: DCD recommends the BOCC: Conduct a public hearing on June 20, 2011 to receive testimony on Ord. No. 01-0425-11. REVIEWED BY: cr:~ r Date 2 CC \)Q') 1 ~t\~ 412.&/11 CDDi3 JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting a Moratorium against the Issuance QfPermits or Approvals Pertaining To Adult Businesses } } } } Ordinance No. 01-04?~-1l 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 of testimony and documents presented to other counties 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 unlawful 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 unless applications for permits and approvals for adult businesses are prohibited until the planning process is completed; and WHEREAS, the BoCC fmds 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. ORDINANCE NO. tH- 0425,..n-- 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 RESOL VED, that the Board of County Commissioners ordains as follows: SECTION 1. 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, attached 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 shall not be affected. SECTION 3. Effective Date. This ordinance shall take effect immediately after passage. It shall be effective for six (6) months. APPROVED AND SIGNED THIS 2S-w'I DAY OF April 2011. JEFFERSON COUNTY BOARD OF COMMISSIONERS JObn~~ ATTEST u~ David Sullivan, Member Lorna Delaney Clerk of the Board Approved as to form 4J ft/z.o" DPA 2 Ordinance No. ORDINANCW NO. 01-0425-11 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 definitions of "Adult Retail Establishmenf', "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 purposes of this definition may include but is not limited to books, video, photographs, devices, magazines, posters or other mediums utilized to 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 defmed in this section, for observation by patron therein. This shall not include movies that have been rated G, PG, PG- 13, NC- 13, NC-17 or R 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, anus 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. (1) "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 iii) Fondling or other erotic touching of human genitals, pubic region, human anus, or female breast. 3 Ordinance No.