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HomeMy WebLinkAboutRES 4041Supercedes RES 4037 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4041 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON THE PERMITTING OF ADULT ENTERTAINMENT BUSINESSES AND TAVERNS, AS DEFINED IN CITY CODE, WITHIN SPECIFIC GEOGRAPHICAL AREAS, ESTABLISHING A PUBLIC HEARING DATE, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton presently has an ordinance regulating adult motion picture theaters, nude dancing establishments, and similar adult uses, as defined in Chapter 5- 12 RMC; and WHEREAS, this current adult entertainment ordinance is over 25 years old and has not been recently studied or reviewed since then; and WHEREAS, the valley area locations where an adult entertainment business may locate have substantially changed in those 25 years; and WHEREAS, a new adult entertainment business venue is to be opened within the City of Renton; and WHEREAS, the opening of such business may result in negative secondary effects of the business or similar businesses; and WHEREAS, given the passage of time, it is in the best interest of the City to study the area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate action is necessary; and WHEREAS, this moratorium resolution is prospective in its application; and RESOLUTION NO. 4041 WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly impact any party's free speech or expression rights; and WHEREAS, the purpose of this resolution is to provide, after appropriate study, a reasonable area to accommodate protected expression and to make any geographical restriction of free speech rights a reasonable time, place and manner restriction, and to that end urges any court reviewing this resolution to interpret it in such a manner as to give it such a constitutional interpretation; and WHEREAS, the City of Renton wishes to have adequate time to re-evaluate existing conditions to determine whether or not there is a substantial governmental interest in modifying the existing land use regulations and to determine whether or not any negative secondary effects that the City may determine, by such re-evaluation, are reasonably related to these land uses and whether or not reasonable regulations imposed upon such land uses would mitigate any negative secondary effects of such land use; and WHEREAS, the City of Renton does not intend to adopt any additional requirements or changes to regulating adult entertainment businesses until it has established the existence of negative secondary effects relating to such land uses; and WHEREAS, the City of Renton wishes to establish by this study the least restrictive means available by which the City map regulates this type of use; and WHEREAS, the City Council held a public hearing on the adult use moratorium on March 22, 2010; and RESOLUTION NO. 4041 WHEREAS, the Planning and Development Committee of the Council considered ideas about regulations of adult uses and determined that taverns in close proximity to adult uses may create additional negative secondary effects; and WHEREAS, the Planning and Development Committee believed that the geographical extent of the moratorium could be lessened but believed that the area between SW 43r Street and SW 41st Street and North of SW 16* Street should be included the moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. There is hereby declared a moratorium on the issuance of any business license or other permit for an adult entertainment venue: A. Within one thousand (1,000) feet of any established adult motion picture theater, peep show, panoram, adult retail use or place of adult entertainment. B. Located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use or place of adult entertainment. 1. Parcels located along or taking primary access from the same street without a bisecting primary arterial street shall be considered to share the same street frontage. 2. Parcels located within five hundred linear feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets. C. Between SW 43rd and SW 41st Streets. RESOLUTION NO. 4041 D. North of SW 16th Street. SECTION III. There is hereby declared a moratorium on the issuance of any business license or other permit for a tavern within one thousand (1,000) feet of any established adult motion picture theater, peep show, panoram, adult retail use or place of adult entertainment. SECTION IV. There is hereby established a public hearing date to accept public testimony on whether or not the City should continue this moratorium. SECTION V. This moratorium shall be in place for a period of six (6) months, which moratorium may be extended or renewed for one or more six (6) month period(s), but only if a subsequent public hearing is held and findings of fact are made prior to each renewal. SECTION VI. During this six (6) month moratorium, the City Attorney Department and the planning staff of the City are requested to survey existing evidence to determine what negative secondary effects may be associated with those types of land uses, ways to mitigate negative secondary effects of such land uses in the least restrictive manner, and to provide alternative, available geographical areas within the City to provide a reasonable means to accommodate access to protected expression such that any regulation ultimately adopted is a reasonable time, place and manner restriction. The City Attorney Department and City planning staff are to make recommendations to the City Council, or subcommittee thereof, on regulations which could be adopted to satisfy these goals. PASSED BY THE CITY COUNCIL this 12th day of April 2010. Bonnie I. Walton, City Clerk RESOLUTION NO. 4041 APPROVED BY THE MAYOR this 12th day of April 2010. Denil Law, Mayor Approved as to form: RES:1449:4/12/10:scr u- ' Lawrence J. Warren, City Attorney Publication Date: 4/16/2010 (summary) -V<- - *