08/06/1997 - Special - MinutesPort Orchard, Washington
August 6, 1997
Mayor Protem Carolyn Powers called council of the City of Port Orchard, Washington, to order in
Special Session at 7:30 P.M. at City Hall, 216 Prospect Street.
Councilmembers present: Wyatt, Morrison, Geiger, Powers, Van Zee and Grable.
Staff present: City Planner Gross, City Engineer Curles, and Deputy Clerk Merlino.
Mayor Protem Powers reopened the Draft Zoning Ordinance Public Hearing which was continued
from July 23, 1997. The purpose of holding a series of Public Hearing meetings is to review and
discuss the draft Zoning Ordinance. Public input is invited and encouraged during discussions on
the draft Zoning Ordinance.
City Planner Gross distributed handouts which discussed how other cities regulate adult
entertainment either through a business license or through the zoning code. The City Council had
previously received and reviewed studies and reports prepared by other cities concerning the
problems and detrimental effects of adult entertainment uses.
City Planner Gross also presented definitions as approved and reviewed by the City Attorney's
office.
Council concurred with the new definitions as follows:
"Adult Entertainment Facility":
An enterprise whose predominant emphasis is involved in the selling, renting or presenting for
commercial purposes of adult entertainment merchandise including books, magazines, motion
pictures, films, video cassettes, or cable television for observation by patrons therein. Examples
of such establishments include, but are not limited to, adult book or video stores and
establishments offering panoramas, or peep shows. "Predominant emphasis" means fifty percent
(509,16) or more of gross revenue generated or total volume of shelf space and display area
whichever is more restrictive.
Any building or portion of a building which contains any exhibition or dance or other live
entertainment, performance, or activity distinguished or characterized by emphasis on the
depiction, simulation or relation to "specified sexual activities" as defined in Chapter A3 for
observation by patrons therein. Examples of such establishments include, but are not limited to,
establishments offering peep shows, and/or topless or nude dancing.
"Adult Entertainment Merchandise":
Includes items designed or marketed for use in conjunction with "specified sexual activities".
"Specified Sexual Activities":
Human genitalia in a state of sexual stimulation or arousal, acts of human masturbation, sexual
intercourse or sodomy; erotic fondling, touching or display of human genitalia, pubic region,
buttock, or female breast, peep shows, topless dancing, and nude dancing.
August 6, 1997
Page 2 of 4
With regards to the continued discussion of "Adult entertainment" the following changes were
made to the land use tables:
Page 146-B
Recreational/cultural land uses
*Adult entertainment facilities > Add "Permitted use" to
Commercial district designation
and Note 7.
Note 7: Adult entertainment facilities shall be prohibited within 600 feet of any residential
zones, schools, licensed daycare centers, public parks, community centers, public
libraries, or churches that conduct religious or educational classes for minors.
Page 146-G
Retail land uses
*Adult entertainment facilities > Add "Permitted use" to
Commercial district designation
and Note 8.
Note 8: Adult entertainment facilities shall be prohibited within 600 feet of any residential
zones, schools, licensed daycare centers, public parks, community centers, public
libraries, or churches that conduct religious or educational classes for minors.
At this time of the meeting, Council continued discussion on page 146-H.
Manufacturing land uses
35 Industrial and commercial machinery > no change
351-56 Heavy Machinery and equipment >Change "Conditional use" to "Permitted
use" within the Employment district
designation.
357 Computer and office equipment > no change
36 Electronic and other electric equipment > no change
374 Railroad equipment
376 Guided missle and
space vehicle parts
> no change
>Change "Conditional use" to "Permitted
use" within the Employment district
designation.
379 Miscellaneous transportation
vehicles
38 Measuring and controlling
instruments
39 Miscellaneous light manufacturing
*Motor vehicle and bicycle
Manufacturing
20 Food processing and kindred
products
*Aircraft, ship and boat building
7534 Tire retreading
781-82 Movie production/distribution
August 6, 1997
Page 3 of 4
>Change "Conditional use" to "Permitted
use" within the Employment district
designation.
>Change "Conditional use" to "Permitted
use" within the Commercial, Mixed use
and Employment use district
designations.
> Add Note 6 to Commercial and Mixed
use district designations.
>Change "Conditional use" to
"Permitted" use within the Employment
district designation.
>Change Note 6 to read as follows:
"Permitted if within enclosed buildings,
and as an accessory use to retail sales."
>Add Note 2 to Commercial use and
Mixed use district designations.
>Add "Conditional use" and Note 6 to
Commercial and Mixed use district
designations.
>No change
>No change
Council moved discussion to page 146-1 and made the following recommendations:
Regional land uses
*Jail
i.�Up5rr
>No change
*Work release facility >No change
August 6, 1997
Page 4 of 4
*Public agency animal control facility
>No change
*Public agency training facility
>Delete Note 2 from Community facility
and Employment district designations.
*Hydroelectric generation facility
>No change
*Non -Hydroelectric generation facility
>No change
*Major community facility
>No change
*Earth station major
>Change definition on page 128 from 4
feet to 12 feet.
*Energy resource recovery facility
>No change
*Landfill
>No change
*Transfer Station
>No change
*Interim recycling facility
>No change
*Wastewater treatment facility
>No change
*Municipal water production
>No change
*AirporUheliport
>No change
*Landing field
>No change
*Transit bus base
>No change
*Transit park -and -ride lot
>No change
*School bus base
>No change
7941 Stadium/arena
>No change
7948 Racetrack
>No change
*Fairground
>No change
8422 Zoo/wildlife exhibit
>No change
This concluded the review of the land use tables. At 9:00
PM Mayor Protem Powers declared this Public
Sarin Wednesday, August 20, 1997.
�continueduntil
Michelle Merlino, Deputy Clerk
Carolyn Po rs, Mayor Protem