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PC APPROVED Minutes 01-13.11.pdf Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. January 13, 2011 L CALL TO ORDER Chair Carroll called the meeting to order at 6:00 p.m. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance IIL ROLL CALL Commissioners Bates, Carroll, Hall, Mann, Sands, Stoy and Woodard were present. . Staff attending the meeting: Scott Kuhta, Planner Manager; Cary Driskell, Acting City Attorney; Lori Barlow, Associate Planner; Dean Grafos, Councilmember; Chris Longman, Legal Intern; Deanna Griffith, Administrative Assistant IV. APPROVAL OF AGENDA Commissioner Woodard made a motion which was seconded and unanimously approved to accept the January 13, 2011 agenda as presented. V. APPROVAL OF MINUTES The minutes for Nov. 18 and Dec. 9 were postponed for approval until all Commissioners could review. VL PUBLIC COMMENT There were no public comments. VIL COMMISSION REPORTS Commissioners had nothing to report. VIIL ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta welcomed Mr. Bill Bates and Mr. Joseph Stoy to the Planning Commission as the two newest members of the Commission. Mr. Kuhta also reported that Emergency Comprehensive Plan was set for a first reading on Jan. 18 IX. COMMISSION BUSINESS A. New Business: Study Session — Code Amendment CTA-09-10, Adult Retail Use Establishment Associate Planner Lori Barlow made a presentation to the Commission regarding the proposed amendment to the definition of adult retail use establishments. The amendment to the definition is proposed to clarify that the on-premise viewing of adult-oriented films in exchange for compensation is not a permitted use of an adult retail use establishment. The current definition could be interpreted to mean that viewing an adult movie is allowable because the definition currently allows for the "viewing of adult oriented merchandise." 01-13-11 Planning Commission Minutes Page 1 of 4 Adult arcades, or adult movie theatres, are specified in the SVMC as an allowable use of an adult entertainment establishment. SVMC Chapter 5.10 regulates adult entertainment establishments and requires each establishment to obtain an "Adult Entertainment Establishment" license. Adult retail use establishments are not regulated by Chapter 5.10 and are not subj ect to the same licensing requirements as an adult entertainment establishment. Adult entertainment establishments and adult retail use establishments are only allowed in the Community Commercial and Regional Commercial Districts. The change in the definition does not affect the zoning districts where the adult use establishments may locate, but clarifies which type of establishment is permitted to show adult movies to ensure that proper licensing is obtained. The proposed language presented by the staff is as follows: Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, or transferri•n�, �t �:���:��� of adult-oriented merchandise. The retail use establishment ma�ermit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on- premises viewin� shall not be in exchan�e for money or any other form of consideration. Acting City Attorney, Cary Driskell, also addressed the Commission regarding the proposed language. Mr. Driskell explained how staff came to the decision to modify the definition in this manner and why staff did not reflect any firmer language. Mr. Driskell explained that this was an incremental approach to changing the code. Mr. Driskell stated he had consulted with one the of state's leading adult use attorney's regarding this subject and that a slow incremental approach was the safest way to keep the City out of litigation. If this amendment did not prove to resolve the issue and modify the behavior that the City was trying to clean up then the City would have the actions and evidence that this step did not work and be able to move forward at a later date with stronger language to amend the code at a later date. Commissioner Carroll opened the public hearing at 6:28 p.m. and read the rules of the hearing to the audience. Wayne Lawson, 4917 E 17 Ct.: Mr. Lawson stated he was opposed to the proposal in part. Mr. Lawson stated he agreed that viewing adult oriented movies should only be allowed in adult entertainment facilities however, that viewing should only be allowed with a line of site from the owner/cashier. Mr. Lawson stated that he understood that the City of Spokane had a regulation similar to this. Mr. Lawson also stated that he felt that just making sure that not charging for the viewing would be at the risk of manipulation. Marilyn Lawson, 4917 E 17 Ct.: Ms. Lawson stated she felt that adult businesses were harmful to the community and should be regulated to the full extent of the law. Ms. Lawson stated that she felt that viewing of adult material should not be allowed behind closed doors. Bruce Wakeman, 7616 E Baldwin Ave.: Mr. Wakeman stated in was in favor of removing the words `or viewing'. Mr. Wakeman did not feel that the City should be lenient in its language. Mr. Wakeman stated that he felt that arcades should not be allowed to offer movies for free. He also stated that pornography is not a form of free speech. Mr. Wakeman felt that porn would lead to broken homes, destroyed families, and poverty. (Mr. Wakeman had submitted written comment as well) Lee Lefler, 1120 S Warren Rd.: Mr. Lefler stated he was opposed to pornography in any form. Mr. Lefler stated that the definition used by the City of Spokane does not allow any on-site viewing and has been success with the language they have in their code. Mr. Lefler stated he felt that 01-13-11 Planning Commission Minutes Page 2 of 4 business would continue to operate as usual if the Planning Commission accepted the City Attorney's proposed language. Mr. Lefler stated he thought it would be difficult for any business to comply with the regulations with the line-of-site language place in the rules. Penny Lancaster, 14816 E FarwelL• Ms Lancaster had emailed a statement and requested it to be read into the record. The statement was read into the record by Deanna Griffith as requested. Ms. Lancaster's comments are noted as that the language that is being proposed is good but should be stronger. Ms. Lancaster supports the line-of-site proposal and that merchandise and videos be viewed only in the package or that promotional videos only be allowed to be shown. The Chair closed the public hearing at 6:45 p.m. Commissioner Woodard handed out a written proposed motion. Commissioner Woodard made a motion to recommend to the City Council the following amended definition: Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, or transferri� ;,r � ���� �� of adult-oriented merchandise. Anv view of adult oriented merchandise in adult retail businesses must be done on the �eneral sales floor and in full public view and is limited to merchandise available on the shelves and/or the viewin� of promotional film cli�s. This motion was seconded. The Planning Commission then began deliberations regarding this amendment. The Commissioners discussed the following: Line of site during viewing was important (the City Attorney clarified that the issue was not trying to increase or decrease privacy but to stop the activity all together). Commissioners agreed that they felt the language needed to be a little more restrictive. Commissioners felt that still needed to state no fees. The Commissioners did ask the City Attorney why, if when during the study session on this subject, they had discussed stronger language, it had not returned as such. The Acting City Attorney responded that after consulting with Mr. Steve Smith, with KL Gates, he felt that this was as strong as he felt comfortable recommending at this time. Mr. Driskell also stated, again, that if after a period of time, this amendment to the definition of the Adult Retail Use Establishment had not altered the behavior, then the evidence would be there to hold up the need to amend the language to something stronger, however that it is advisable at this time to address this issue in an incremental approach. I Commissioner Sands made an amendment to the motion to add the words "and not to be exchanged for mone ur any other form of consideration." To the end of the original motion. This was seconded. The Chair asked for the vote on this amendment, vote was 7 in favor, 0 against, motion passes. Commissioners continue their discussion regarding their thoughts about needed stricter language. Members did not seem to think that this language was strict enough but also did not feel it was appropriate for the Commission to attempt to wordsmith the motion from the dais. The Commissioners then discussed sending this subject back to staff with the hopes that staff will be able to find a way to bring back more exacting language. Commissioners did note however, that there was the possibility that the proposal could come back to them exactly as they are seeing it now, based on the current recommendation from the Acting City Attorney. Chair Carroll called for the vote on the amended motion, vote was 0 in favor, 7 against, motion fails. Commissioner Woodard made a new motion to return this item back to staff and request that it be looked at for the possibility of more strict language. This motion was seconded, vote is 7 in favor, 0 against, motion passes. 01-13-11 Planning Commission Minutes Page 3 of 4 X. GOOD OF THE ORDER Mr. Carroll requested that the Legal department provide training on the Planning Commission's role. Mr. Hall congratulated Mr. Mann on his appointment to the head of the Spokane Association of Realtors. XL ADJOURNMENT The being no other business the meeting was adjourned at 7:09 p.m. SUBMITTED: APPROVED: Deanna Griffith, Administrative Assistant John G. Carroll, Chairperson 01-13-11 Planning Commission Minutes Page 4 of 4