HomeMy WebLinkAboutReg 2006-09-18 Item 7A - Ordinance - Adult Entertainment Record to Support Zoning Regulations COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION`
CAS NUMBER: 06-104 IORIGENiL AGENDA DATE: 9/11/06
AGENDA ITEM Tn"LE Review of the Adult Entertainment Record
CATEGORY Discussion Motion Resolution Ordinance Bid Award In Public Heating Other
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SPONSOR Council Major Adm Svc DCD Finance Fire Legal P &R Police PIF 1
SPONSOR'S The Planning Commission recently reviewed the City's adult entertainment zoning
SUMMARY provisions for possible negative secondary effects as part of the City's process for
reviewing and supplementing the City 's code. At this time Staff is not recommending any
substantive zoning code changes and requests an adoption of the record to support the
existing regulations.
REVIEWED BY COW Mtg.9 /11/06 CA &P Crate FRS Crate Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: August 24, 2006
RECOMMIENDATIONS:
SPONSOR /ADMIN. Jack Pace
COMMITTEE COW 1
COST IMPACT FUND SOURCE 1
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
S 0 0 S
Fund Source: NA
Comments:
MTG. DATE -1- "RECORD OF COUNCIL ACTION 1
9/11/06 1 Discussed at COW; forwarded to 9/18 Regular Meeting for Public liParinq; then I
Ifinal action. 1
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MTG. DATE 1 ATTACHMENTS_ I
9/6/06 1 Information Memo from Jack Pace dated September 6, 2006 1
1 Planning Commission Minutes dated August 24, 2006 1 1
Staff Report to the Planning Commission dated August 11, 2006 1
Legislative Record (notebook) distributed separately. I
9/18/06 'Ordinance in final form. 1
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1908
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF
SPECIFIC ZONING REQUIREMENTS REGARDING PERMITTED USES
FOR ADULT ENTERTAINMENT ESTABLISHMENTS IN THE
COMMERCIAL/LIGHT INDUSTRIAL, THE LIGHT INDUSTRIAL, THE
HEAVY INDUSTRIAL, THE MANUFACTURING/INTDUSTRIAL CENTER
LIGHT, THE MANUFACTURING/INDUSTRIAL CENTER HEAVY, AND
THE TUKWILA VALLEY SOUTH DISTRICTS; PROVIDING FOR
SEVERABILITY; AIND DECLARING AN EMERGENCY.
WHEREAS, the City Council finds that concerns about crime and public sexual
activity generated and /or occurring within or near adult entertainment establishments
are legitimate, substantial and compelling reasons for the City to demand reasonable
regulation; and
WHEREAS, the City finds that adult entertainment establishments, due to their
nature, have secondary adverse impacts upon the health, safety and welfare of the
citizenry, through increases in crime and opportunity for the spread of sexually
transmitted diseasas; and
WHEREAS, in the interest of the public health, safety and welfare, the City Council
desires to protect the public from the secondary effects brought about by the presence
of adult entertainment establishments; and
WHEREAS, in Ordinance No. 1465, passed on June 6, 1988, the City Council
adopted Findings of Fact, which included the secondary effects of adult retail
establishments and adult entertainment businesses; and
WHEREAS, the City Council incorporates the legislative history of Ordinance No.
1465 as if fully set forth herein; and
WHEREAS, the City Council finds that the public health, safety and welfare are
served by vigorous enforcement of existing zoning laws; and
WHEREAS, the secondary effects referenced in 1988 continue unabated; and
WHEREAS, the City Council desires to review additional material related to the
secondary effects of adult entertainment to support the regulation of such businesses;
and
WHEREAS, the Planning Commission reviewed the legislative record on August
24, 2006 and held a public hearing; and
WHEREAS, the Planning Commission made a recommendation to the City Council
to adopt the legislative record reviewed by the Commission; and
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WHEREAS, the City Council held a public hearing on September 18, 2006
regarding this review of new legislative material and the secondary effects of adult
entertainment and
WHEREAS, the record reviewed by the City Council at its meetings of
September 11, 2006 and September 18, 2006 is hereby incorporated as if fully set forth
herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact Adopted. The "Whereas" clauses set forth in this
ordinance are hereby adopted as Findings of Fact in support of the following Tukwila
Municipal Code Sections, as now adopted or hereinafter amended:
TMC 18.30. 020(1), Commercial /Light Industrial District— Permitted Uses
TMC 18.32020(1), Light Industrial District— Permitted Uses
TMC 1834.020(1), Heavy Industrial District— Permitted Uses
TMC 18.36.020(1), Manufacturing/Industrial Center -Light District Permitted Uses
TMC 18.38. 020(1), Manufacturing /Industrial Center -Heavy District— Permitted Uses
TMC 18.40.020(1), Tukwila Valley South District— Permitted Uses
Section 2. Severability If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance, as a public emergency ordinance
necessary for the protection of the public health, public safety, public property or public
peace, shall take effect and be in full force immediately upon its adoption Pursuant to
Matson v. Clark County Board of Commissions. 79 Wn.App. 641, 904 P.2d 317 (1995),
underlying facts necessary to support this emergency declaration are included in the
"Whereas° clauses above, all of which are adopted by reference as Findings of Fact as if
fully set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2006.
ATTEST /AUTHENTICA IED:
Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachment Adult Entertainment Record (large white binder)
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