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Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
FROM:
Board of County Commissioners
Philip Morley, County Administrator
AI Scalf, Department of Community Development (OCD) Director
Stacie Hoskins, DCD Planning Manager ~
David Wayne Johnson, Associate Plann~
October 3, 2011 - (/;a
Approval ofLegal Notice for Public Hearing to Re-establish Adult Business Moratorium
TO:
DATE:
SUBJECT:
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 (Ord No. 01-0425-11) was adoPted Apri125, 2011 and expires October 25, 2011. The
required public hearing will consolidate the re-establishment of the moratorium as the BoCC will adopt
another six month moratorium at the conclusion of the public hearing.
BACKGROUND: On February 16, 2005, the Planning Commission nnanimously 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.
UDC amendments are governed by Jefferson County Code, JCC 18.45.090, and subject to review under the
State Environmental Policy Act (SEPA), WAC 197-11. The UDC amendment process can be simplified to 8
Steps detailed below. This amendment proposal is at Step 7.
I. Amendment initiated by DCD staff, the BOCC, the PC or by application.
2. DCD staff provides preliminary review of the proposed amendment and presents to BOCC for
direction on whether or not to place on DCD work plan.
3. DCD staff reviews the amendment, prepares a staffreport and makes recommendation.
4. Notice of Intent to amend the development regulations shall be provided, and public hearing before the
PC is scheduled
a. At least 10 days prior to the date of the hearing per JCC l8.45.090(2)(b); and
b. At least 60 days prior to fina1 adoption per WAC 365-195-620.
5. The PC shall hold a public hearing, JCC 18.45.090(3)
6. The PC shall make a recommendation to the BOCC using the site-specific criteria set forth in JCC
18.45.080(1)(b) and (I)(c), as applicable.
7. The BOCC shall consider the proposed amendment at a regularly scheduled meeting and apply the
criteria set forth in JCC 18.45.080(1)(b) and (I)(c), as applicable.
8. The HOCC may adopt the PC recommendation or may conclude a change in the recommendation is
necessary. A change requires the Board conduct its own public hearing and comply with notice
requirements.
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Consent Agenda
On May 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, 20 I 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. 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 will expire before staff has
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 (Ord No. 01-0425-11) and continue review of amendment MLA08-00257. 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, 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 10,2010
. 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:
Moratoriums are valid for 6-month periods so they must be reinstated periodically as the fina1legislation is
drafted. The regulations and related issued for siting and licensing Adult Businesses is currently being
researched by County Staff. The current moratorium will expire before anticipated adoption of those
regulations.
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 BaCC:
I. Approve the attached legal notice for a consolidated Public Hearing and adoption of another six
month moratorium on Sexually Oriented Businesses on October 24, 2011.
REVIEWED BY:
?~/;/
Date
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Consent Agenda
To:
Port Townsend & Jefferson County Leader
LEGAL NOTICE
Publish one (1) time:
Wednesday, October 5, 2011
Please use 7-nom! font.
Bill:
Jeffersun County Department of Community Development
621 Sheridan St., Port Townsend, W A 98368
Customer #: 17385
Stacie Hoskins, Planning Manager, (360) 379-4450
Staff Contact:
Date:
October 3, 20 II
NOTICE OF PUBLIC HEARING
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold a public hearing
on Monday, October 24,2011 at 10:15 AM In the Board Chambers at the Jefferson County Courthouse, 1820
Jefferson Street, Port Townsend, WA 98368.
The purpose of the public hearing is to hear testimony regarding an Ordinance enacting a six month moratorium
against the Issuance of permits or approvals pertaining to adult, or sexually oriented businesses, with adoption of
another six month moratorium.
For further information, please contact Long-Range Planning, Dept. of Community Development, 621 Sheridan
Street, Port Townsend, WA 98368, (360) 379-4465.
Date: 10/03/2011
John Austin, Chair
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