by Ralph Nichols

An apparent misreading of the limits placed by the Burien Municipal Code (BMC) on where adult entertainment businesses can locate within the city has raised alarm among some community residents.

As you can see below, the BMC states: “An adult entertainment facility shall only be located in the Industrial [I] and Airport Industrial [AI] zones.”

Click image to see larger version.

With one exception – the Highline School District bus facility near Des Moines Memorial Dr., S. 8th Ave. and SR 509 – the only industrial/airport industrial zones in Burien are in the Northeast Development Area (NERA) north of Sea-Tac International Airport.

Yet The B-Town Blog has received complaints suggesting the zoning restriction says adult entertainment facilities “shall be located” in the NERA – something, worry a few citizens, that means the city must have adult entertainment there.

Not only is such phrasing in the BMC non-existent, Burien Community Development Director Scott Greenberg said the restriction on adult entertainment facility location is in response to U.S. Supreme Court decisions.

The court has ruled in several cases that “the First Amendment protects many forms of controversial speech and expression,” notes First Amendment scholar David L. Hudson Jr. at www.firstamendmentcenter.org. “Protected expression” includes pornography and nude dancing.

While those decisions mandate that cities cannot ban adult entertainment facilities, cities are permitted to restrict their location through local zoning laws. Most cities limit them to industrial-zoned areas.

When Burien incorporated in 1993, the city continued using King County zoning designations. Then, in 2000, council members adopted the city’s own zoning regulations, Greenberg said.

“In 2003, when we created NERA, we had to add a new zoning designation that is now renamed Airport Industrial [AI],” he continued. “But the affected pieces of property have not changed.”

Restrictions on adult entertainment facilities prevent them from locating near schools, buildings for religious worship, single and multi-family homes, recreation facilities, community centers and public libraries, and other areas of general activity.

In addition, two or more adult businesses must be separated by 1,000 feet “so you couldn’t have several of them grouped together.

“In the 10 years that I’ve been here, we’ve had no applications and no proposals” for an adult entertainment facility in Burien,” Greenberg added.

“It’s not like it was when those things would pop up all over the place. It’s a non-issue at this time.”

In the February 12 issue of the Highline Times, on the front page, was an article by Keith Daigle reporting that the Burien City Council unanimously approved the new zoning code which restricts adult entertainment to between Southwest 112th Street and Southwest 116th Street along either side of 16thAvenue Southwest. The zoning code will become effective April 1 when Burien annexes the southern portion of North Highline.

As a resident of the Shorewood community, I strongly object to having an “Adult Entertainment” zone bordering our Shorewood neighborhood, including two public schools (Cascade and Evergreen) and a private Montessori school, as well as the White Center King County Library. I have contacted Joan McGilton, mayor of Burien, for an explanation, but she did not seem to be clear on the designation and suggested I contact Mike Martin for clarification.

If the Highline Times story is accurate, then I want to know why this particular area was selected and why we need an Adult Entertainment zone in Burien in the first place. Is there any other area in Burien that is currently zoned Adult Entertainment? Does this mean that topless barista coffee stands and “deju vu nightclubs” will be allowed to operate in this two block area? I sincerely hope this is not the case and would appreciate clarification on this zoning change as soon as possible.

Sincerely,
Bonnie Moormeier

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According to an inside, well-placed source at city hall, a strip club will be taking over the space formerly occupied by Office Depot, located at 15716

“In this economy, you take what you can get,” said Real Estate agent Fred Nathanian, who brokered the deal. “But what would you rather have – an empty building with no tax revenue, or a hopping high-tech girly bar with lots of cashflow, especially in the form of neatly-folded ones and fives?”

“Red Light Runners” is owned by Frank “Red” Flexxxamaria, an “entertainment agent” who has built a successful chain of Segway clubs in the Portland area.

“Burien needs some adult fun, doncha tink?” Colamaria said while chewing a cigar and showing off the new club’s recently-installed polystyrene dance track. “Not only will Red Light Runners have a wholesome, high-tech all-nude adult club, we’ll have a first-class all-beef and hardcrust-bread restaurant, free wi-fi, a sexy drive-thru espresso stand, 10-cent color copy happy hours on a Brother CDW-4070 wireless laser printer weekdays from 4-7pm, strippers and servers on Segways, and a fun, dark and cozy Daycare Center for the kids. Now you find me another place like dat around here…”

We tried repeatedly to get comments from the mayor and numerous city councilmembers, but they were all apparently out of town on a group junket in Portland, doing “research.”

The club is expected to have its grand opening on July 4th, right after its staff leads Burien’s annual 4th of July Parade on red, white and blue Segways.