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Home My WebLink AboutCOW 2006-09-11 Item 3B - Review - Adult Entertainment Ordinance COUNCIL AGENDA SYNOPSIS r lln. Wqs y ITEMNO, a )g) Aketiiz Dale I Pr rd ht I Mer,or's rri7A) I co:era1 r:i:d 0 v in 't i iZ I 9/11/06 I JP 14 c lli I I I I I 190E I I I I 3 b I I i I ITEM INFORMATION CAS NUMBER 06-104 I ORIGINAL AGEND A. DA 1E: 9/11/06 AGENDA ITEM TITLE Review of the Adult Entertainment Record CATEGORY Discussion Motion Raolution Ordinance Bid Award Public Hearing Other Mtg D&L 9 /11/06 hg Date Vtg Date lfrg Date Mtg Date Mtg Date Mtg Date I SPONSOR Council tlfa)'or Adrn Sts DCD Finance 9 Fire Le Pdtt Polir? PIV I SPONSOR'S The Planning Commission recently reviewed the City's adult entertainment zoning SU\LIIARY 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 CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: August 24, 2006 RECOMMIENDATIONS: SPONSOR /ADMIN. Jack Pace 1 COMMITTEE COW COST IMPACT FUND SOUR CE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- 0 Fund Source: NA Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/11/06 MTG. DATE= ATTACHMENTS 9/6/06 Information Memo from Jack Pace dated September 6, 2006 Planning Commission Minutes dated August 24, 2006 Staff Report to the Planning Commission dated August 11, 2006 Legislative Record (notebook) distributed separately. 1 1 w o z' City of Tukwila 1.' G) S Steven M. Mullet Mayor it n 1 c �n s D e paltnzent of Community Development Steve Lancaster, Director 1908, TO Mayor Mullet Councilmenbers FROM: Jack Pacl DATE. September 6, 2006 RE. Review of the Adult Entertainment Record Issue Whether the City should adopt the adult entertainment record to support existing zoning regulations. Background Given the potential for adverse secondary effects of adult entertainment, the City regulates, through zoning, where adult entertainment establishments may be located within the City These zoning provisions, found in Title 18 of the Tukwila Municipal Code, have not been reviewed or updated since their adoption in 1995. Given the length of time since these provisions were last reviewed, to determine whether the adverse secondary effects that these provisions were meant to regulate are still applicable, and to supplement and update the legislative record, Staff is bringing this issue before the City Council for their review and adoption. To assist the City Council in determining what negative secondary effects are associated with adult entertainment and how to address them, attached is the legislative record compiled by the City of Spokane as well as supplemental material prepared by the City Attorney's Office. Discussion In 2002 and 2003, the City of Spokane amended its zoning code related to the zoning of adult entertainment. This legislative record was prepared as part of that process. Within the record are studies conducted by other cities, declarations, a legislative record from the City of Federal Way, and other documents collected specifically to show the negative secondary effects of adult entertainment. As part of the City's process of reviewing and supplementing the City's code and legislative record, the City may use the evidence collected by Spokane. Recommendation The City Council Adopt the Adult Entertainment Record. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206- 431 -3665 PLANNING CONIIIIISSION DRAFT PUBLIC HEARING PvII1i TUTES AUGUST 24, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Malina, Commissioners, Bill Arthur, Lynn Peterson, and Chuck Parrish. Absent: Margaret Bratcher and Henry Marvin Representing City Staff: Jack Pace, Shelley Kerslake, and Wynetta Bivens GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARLNG MINUTES, FROM JULY 27, 2006. CHUCK PARRISH SECONDED THE MOTION; I'H.E MOTION WAS UNA1Nfii IOUSLY APPROVED. PLANNING COTvIVi HSSION CASE NUMBER. L06 -055 PURPOSE. Regarding a proposed update to Zoning Code regulations governing adult entertainment establishments. LOCATION: Citywide Chair Ekberg swore in those wishing to give public testimony Jack Pace, Deputy Director, Department of Community Development gave a PowerPoint presentation. For the record, Mr. Pace requested a correction to the staff report, staff listed is the City Attorney, Shelley Kerslake, which should be changed to Jack Pace. Mr. Pace gave a brief overview on the existing ordinance, some basic concepts, and the material in the Planning Commission packet. He listed the current uses that are regulated in Chapter 18 of the TMC, stating that the purpose of the meeting was to look at how to deal with secondary impacts. The method of regulation in Tukwila is a combination of' concentration and dispersion, which allows adult facilities in specific districts, but within the district there are separation requirements. The Planning Commission packet highlights where these types of facilities are allowed. In the existing adult entertainment requirements, currently there is approximately 5% of land that is non residential and is allowed for adult entertainment. Staff is recommending re- enacting the adult entertainment ordinance and incorporating the proposed updates as listed in the notebook provided in the packet, and forwarding the Planning Commission's recommendations to the City Council for a public hearing. There were no public comments. The Public Hearing was closed. The Planning Commission deliberated. Planning. Commission Minutes August 24,2006 Page 2 of 2 Chair Ekberg made a motion to recommend re- enactment of the adult entertainment regulation to include the updated record. received by the Planning Commission, with one correction, to change Shelley Kerslake's name in the staff report to Jack Pace. Commissioner Arthur seconded the motion. All were in favor. Director's Report: Reminder joint meeting on Tukwila Pond Tukwila Station update Update on funding for moving the railroad tracks Meeting adjourned at 7:22 P.M. Submitted by Wynetta Bivens Secretary `st`N "'1745' City of Tukwila Steven M. Mullet, Mayor i;= Department of Community Development Steve Lancaster, Director 190 STAFF REPORT TO THE PLANNING COYLVIISSION Prepared August 11, 2006 HEARING DATE. August 24, 2006 NOTIFICATION: Published August 11, 2006 Seattle Times FILE NUMBERS: L06 -055 i REQUEST. Hold a public hearing and make a recommendation to the City CounciL LOCATION: City wide SEPA DETERMINATION: Legislative Record Only SEPA is not required STAFF: Shelley M. Kerslake, City Attorney ATTACHMENT: Adult Entertainment Legislative Record ARM rnuthrenter Roulevard. Suite 11100 Tukwila, Washington 98188 Phone: 206- 431.3670 Fax: 206- 431.3665 BACKGROUND Given the potential for adverse secondary effects of adult entertainment, the City regulates, through zoning, where adult entertainment establishments may be located within the City These zoning provisions, found in Title 18 of the Tukwila Municipal Code, have not been reviewed or updated since their adoption in 1995. Given the length of time since these provisions were last reviewed, to determine whether the adverse secondary effects that these provisions were meant to regulate are still applicable, and to supplement and update the legislative record, Staff is bringing this issue before the Planning Commission for their review and recommendation to Council. To assist the Planning Commission in determining what negative secondary effects are associated with adult entertainment and how to address them, attached is the legislative record compiled by the City of Spokane as well as supplemental material prepared by the City Attorney's Office. DISCUSSION OF SPOKANE'S LEGISLATIVE RECORD In 2002 and 2003, the City of Spokane amended its zoning code related to the zoning of adult entertainment. This legislative record was prepared as part of that process. Within the record are studies conducted by other cities, declarations, a legislative record from the City of Federal Way, and other documents collected specifically to show the negative secondary effects of adult entertainment. As part of the City's process of reviewing and supplementing the City's code and legislative record, the City may use the evidence collected by Spokane. REOUESTED ACTION Review the City of Spokane's legislative record, hold a public hearing on the secondary effects of adult entertainment, and supplement the City's legislative record. Staff is not recommending any substantive changes to the zoning code at this time. C:iDOCUME_MynettalLOCALS- 1\Temp \TU I .DOC Page 2 May 2006 Analysis i 1 t/ i ti L ;C//////4- i Y 1 i SJ L Adult Entertainment Criteria j I ®Adult Entertainment Allowed Tukwila City Limits' i/ r i SchoouDaycare Buffer 9-=41:, r L'` --011(y. 4 Tukwila Trails 7-iii J i Trail Buffer i Park Buffers ct No Adult Zones /i i.i i ±4 X r. Adult Allowed Zones 1 1 S! z ti ZONE_ 1 i r CAI i HI f vi�j fi in” I 1 LDR 4 r/ it I N. MDR i f E- MICA et MUO d� ff ;MCC i I0 i F RC L RCC it N RCM a i I TUC x GIS i TVS Tukwila