2005/06/15 Council Agenda Packet

MEMORANDUM TO: Planning Commission FROM: Allan Giffen, Director DATE: September 2, 2004 SUBJECT: Adult Retail Public Workshop Public Workshop. The September 7, 2004, Planning Commission meeting is scheduled for a public workshop to discuss the possibility of enacting new regulations restricting the location of adult retail establishments. Moratorium. On July 21, 2004, the City Council enacted a six-month moratorium on the establishment of adult retail stores in the City to study regulations that would restrict their location in relation to sensitive land uses and each other. In comments made at the time of the moratorium adoption, the City Council indicated that any new regulations would apply prospectively, not affecting existing stores, and would also prevent the clustering of such shops in one area. Background. The issue of adult retail shops came before the City Council earlier this year in reaction to the opening of a new store in and existing building in a commercial zone near Everett Mall Way, close to two existing daycare centers, and next door to a single family dwelling (in a commercial zone). Residents, parents of children in one of the daycare centers, and other concerned citizens asked the council to prohibit adult retail uses near sensitive land uses. At that time, there was a case pending before the U.S. Court of Appeals for the Ninth Circuit involving a City of Spokane ordinance. The federal appeals court recently upheld the Spokane ordinance that, among other things, established setback restrictions from sensitive land uses on the location of adult retail shops. The Spokane decision has given the City reason to once again examine its regulations for the location of adult retail stores. Currently, adult retails shops may be located in Everett in any zone that allows retail uses. There are no minimum separation requirements between adult retail shops and sensitive land uses or from other adult retail stores. Sensitive land uses, under the adult entertainment regulations, include residentially zoned areas, schools (K-12), churches, parks, and community development block grant neighborhoods. There is also a separation requirement between adult entertainment businesses. There are currently seven adult retail establishments in Everett, all located in commercial zones, and all less than 150 feet from residential zones. The existing businesses are consistent with our regulations, as each is located in a zone that allows for general retail use.