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Home My WebLink About08 1109 09 (C bet) ) S\ten f~ I' 1 q I DC) YA JEFFERSON COUNTY ST ATE OF WASHINGTON In The Matter of Enacting a Moratorium against the Issuance Of Permits or Approvals Pertaining To Adult Businesses } } } } Ordinance No. 08 1109 09 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 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 1\0. 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 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, 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 is not affected. SECTION 3. Effective Date. This ordinance shall take effect immediately after passage. It shall be effective for six (6) months. -A APPROVED AND SIGNED THIS '7 DAY OF November 2009. JEFFERSON COUNTY BOARD OF MM SIONERS . & 0 '/ '--""" /. L ~;- AlJ!(u' ~"'- Enn Lundgr~fi") . Clerk of the Board ' David Phi~ Memb: ~~ J Austm, Member ATTEST Approved as to form n J ",1 1I )Z-JZDa 9 eVevi-" WI.~~ David Alvarez, Chief vii DP A 2 Ordinance No. 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 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 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 defined in this section, for observation by patron therein. This shall not include movies that have been rated G, PG, PG- I 3, 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. Regular Agenda 10:00 AM To: Port Townsend & Jefferson County Leader LEGAL NOTICE Pub lish one (J) time: Wednesday, Novemher 18, 2009 Please use 7oDoint font. Bill: Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA 98368 Customer #: 17385 Stacie Hoskins, Planning Manager, (360) 379-4450 Staff Contact: Date: November 16, 2009 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, December 7, 2009 at 10:00 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 Ordinance No. 05 0427 09, enacting a six month moratorium against the issuance of permits or approvals pertaining to adult businesses. For further information, please contact Long-Range Planning, Dept. of Community Development, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4465. Date: 3 '" , ~. Regular Agenda 10:00 AM I JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator 10 AI Scalf, Department of Community Development (DCD) Direct~ Stacie Hoskins, DCD Planning Manager November 9,2009 Re-establishment of Adult Business Moratorium; and Approval of Legal Notice for Public Hearing FROM: 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. 05-0427-09) was adopted April 27, 2009 and expired October 27,2009. The proposed moratorium ordinance is attached. 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. Initially commenced during the 2005 Housekeeping Omnibus for Permit Efficiency (HOPE), the BOCC has adopted several moratoria on adult businesses. The PC subcommittee prepared a report and draft adult business ordinance language to further the progress on ultimate adoption of development regulations addressing adult businesses. UDC amendments are governed by Jefferson County Code, JCC 18.45.090, and subject to review under the State Environmental Policy Act (SEP A), WAC 197-11. The UDC amendment process can be simplified to 8 Steps detailed below. This amendment proposal is at Step 3. 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 staff report and makes recommendation. 4. Notice ofIntent 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 18.45.090(2)(b); and b. At least 60 days prior to final 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(l)(b) and (I)(c), as applicable. 1 .... ~ , Regular Agenda , 10:00 AM necessary. A change requires the Board conduct its own public hearing and comply with notice requirements. On April 27, 2009, the BOCC voted unanimously to continue to maintain the moratorium on adult businesses (Ord No. 10-1103-08) and continue review of amendment (MLA08-00257) in the fourth quarter of 2009. Should DCD become aware of a proposal for an adult business in Jefferson County prior to anticipated development of standards, DCD shall contact the BOCC to amend the work plan. To date, no applications for adult businesses have been submitted, and the Board has adopted four 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 and expired October 27, 2009 ANAL YSIS/STRA TEGIC GOALS/PROS and CONS: Moratoriums are valid for 6-month periods so they must be reinstated periodically as the final legislation is drafted. Legal counsel has reviewed the proposed ordinance and approved it as to form. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The BOCC is required to hold a public hearing within 60 days of adoption of the moratorium. The ordinance adoption process for Adult Businesses will be considered within the context of County priorities in the Department of Community Development 2010 Work Plan. RECOMMENDATION: DCD recommends the BOCC: I. Re-establish the moratorium by adopting the attached Ordinance; and 2. Approve the attached legal notice for a Public Hearing on December 7, 2009. REVIEWED BY: 1//~/o9 Date 2 e.-c..:. \) (,\) \--z..\ ~\ oq Regular Agenda 10:00 AM JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator \() Al Scalf, Department of Community Development (DCD) Directo.lf0 Stacie Hoskins, DCD Planning Manager 8Uk December 7. 2009 Public Hearing for Re-establishment of Adult Business Moratorium FROM: 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 current moratorium (Ord No. 08-1109-09) was adopted November 9,2009 and expires May 9, 2011. The moratorium ordinance is attached. RCW 36.70A.390 requires the Board hold a public hearing within 60 days of commencement 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. Initially commenced during the 2005 Housekeeping Omnibus for Permit Efficiency (HOPE), the BOCC has adopted several moratoria on adult businesses. The current moratorium (Ord No. 05-0427-09) was adopted April 27, 2009 and expires October 27, 2009. The PC subcommittee prepared a report and draft adult business ordinance to further the progress on ultimate adoption of development regulations addressing adult businesses. UDC amendments are governed by Jefferson County Code, JCC 18.45.090, and subject to review under the State Environmental Policy Act (SEP A ), WAC 197-11. The UDC amendment process can be simplified to 8 Steps detailed below. This amendment proposal is at Step 3. 1. 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 staff report and makes recommendation. 4. Notice ofIntent 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 18.45.090(2)(b); and b. At least 60 days prior to final 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 (1 )( c), as applicable. 1 Regular Agenda 10:00 AM 7. The BOCC shall consider the proposed amendment at a regularly scheduled meeting and apply the criteria set forth in JCC l8.45.080(l)(b) and (l)(c), as applicable. 8. The BOCC 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. On March 16, 2009, the BOCC voted unanimously to continue to maintain the moratorium on adult businesses (Ord No. 05-0427-09) and continue review of amendment (MLA08-00257) in the fourth quarter of 2009. Should DCD become aware of a proposal for an adult business in Jefferson County prior to anticipated development of standards, DCD shall contact the BOCC to amend the work plan. To date, the Board has adopted four 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 and expires May 9, 2011 ANALYSIS/STRATEGIC GOALSIPROS and CONS: Moratoriums are valid for 6-month periods so they must be reinstated periodically as the fInal legislation is drafted. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The BOCC is required to hold a public hearing within 60 days of adoption of the moratorium. The ordinance adoption process for Adult Businesses will be considered within the context of County priorities in the Department of Community Development 2010 Work Plan. RECOMMENDATION: The public hearing will satisfY the requirement that a public hearing be held within 60 days of adopting the moratoriunl. No action by the BoCC is necessary unless changes to the moratorium are required. REVIEWED BY: d3~? Date 2