HomeMy WebLinkAboutOrd 2134 - Findings of Fact to Support Zoning Requirements for Adult Entertainment EstablishmentsCity of Tukwila
Washington
Ordinance No. 1,1
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/INDUSTRIAL CENTER
LIGHT, THE MANUFACTURING/INDUSTRIAL CENTER HEAVY, AND
THE TUKWILA VALLEY SOUTH DISTRICTS; PROVIDING FOR
SEVERABILITY; AND 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 diseases; 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 18.32.020(1), Light Industrial District Permitted Uses
TMC 18.34.020(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 f g day of _Cc n. rn r 2006.
ATTEST/AUTHENTICATED:
C td2.4L-ci_ 44,e
6 6 E. Cantu;CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Attachment: Adult Entertainment Record (large white binder)
Steven M. Mullet, Mayor
Filed with the City Clerk: c 1
Passed by the City Council: c/
Published: I e
Effective Date: g• i-A4,c /i ci_2 tiC=
Ordinance Number: 1 Y
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"The Adult Entertainment Record"
(large, white binder) an attachment to
Ordinance No. 2134
is available upon request from the
City Clerk's Office.
SUMMARY OF ORDINANCE
No. 2134
City of Tukwila, Washington
On September 18, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2134, the main points of which are summarized by its title as follows:
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 /INDUSTRIAL CENTER LIGHT, THE
MANUFACTURING /INDUSTRIAL CENTER HEAVY, AND THE TUKWILA VALLEY
SOUTH DISTRICTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of September 18, 2006.
J9 E. Cantu, tMC, City Clerk
Published Seattle Times: September 22, 2006