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HomeMy WebLinkAbout3569RESOLUTION NO. 3 $ 6 9 A RESOLUTION of the City Council of the City of Auburn, Washington, extending by an additional six months the moratorium on the filing of applications for licenses, permits and approvals for Sexually Oriented Businesses established by Resolution 3436 WHEREAS, the City of Auburn intends to develop regulations for sexually oriented businesses consistent with the comprehensive plan; and, WHEREAS, in order to provide time to fully study the legal and practical factors involved in developing sexually oriented business zoning code and land use provisions for the City of Auburn, it was appropriate to impose a moratorium on the filing of applications for licenses, permits and approvals for sexually oriented businesses, as allowed by section 35A.63.220 of the Revised Code of Washington; and, WHEREAS, the City Council of the City of Auburn did adopt and provide for such an initial moratorium and a work plan pursuant thereto by Resolution No. 3436 and WHEREAS, in connection therewith, the City Council established a process for study and evaluation of the issues involved in sexually oriented businesses, delegating land use - zoning- planning considerations to the City's Planning Commission and/or a subcommittee or task force thereof; and, WHEREAS, since commencing its work on sexually orientated business issues, the Planning Commission has met, pursuant to the work plan of Resolution No. 3436, to (1) determine the impacts of sexually oriented businesses in the City of Auburn, Resolution No. 3569 Februa~ 25,2003 Page 1 including reviewing their geographic concentration, operation particularities, physical facilities; (2) review the legal implications of land use/zoning /planning on sexually oriented businesses as determined by state and federal court decisions; and (3) evaluate the criminal consequences of sexually oriented businesses, as shared by law enforcement officials, not only from Auburn, but also from other jurisdictions whose experience have relevance to the City of Auburn; and, WHEREAS, in addition to the work already done, the Planning Commission is scheduling or has already scheduled more meetings to receive and review additional information regarding sexually orientated business; and WHEREAS, until these further tasks are completed, the Planning Commission will not be in a position to make meaningful recommendations for sexually oriented business zoning code and land use regulations; and, WHEREAS, accordingly, the City needs more time to consider property and carefully all of the factors involved in determining appropriate location and regulation of sexually oriented businesses; and, WHEREAS, section 35A.63.220 of the Revised Code of Washington authorizes the City to extend for six months periods of time moratoriums imposed on business license and development permits and approvals for sexually oriented businesses; and, Resolution No. 3569 February25,2003 Page 2 WHEREAS, an extension of the moratorium of the filing of applications licenses, permits and approvals for sexually oriented businesses was approved pursuant to Resolution No. 3436; and WHEREAS, although the study of sexually oriented business issues has been on-going and has been proceeding through the Planning Commission, the tasks and responsibilities of the Planning Commission are not completed, and additional time is needed to complete those tasks; and, WHEREAS, a public hearing was held on the 3rd day of March, 2003, to allow the City Council to consider the need to extend the moratorium, at which public hearing the City Council heard from all persons wishing to speak to the issue of the moratorium extension. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Reaffirmation of Moratorium Findings Recitals, Work Plan. That the findings, recitals and work plan of Resolution 3436 still representing the concerns and issues involving Sexually Oriented Businesses as affecting the City of Auburn, and the findings, recitals and work plan are therefore fully reaffirmed, and are incorporated herein by this reference. Resolution No. 3569 February25,2003 Page 3 Section 2. Moratorium extended. That the moratorium imposed on the filing with the City or the Courts of any applications for licenses, permits and approvals for sexually oriented businesses and adult use facilities as those terms are defined and used in the Auburn City Ordinances or as those terms are commonly understood or defined in said Auburn City Ordinances or otherwise, as imposed by Resolution No. 3436, is extended. Section 3. Term of Moratorium extension. The extension of the moratorium imposed by this Resolution shall become effective on March 1,2003, and shall continue in effect for a period of six months (6) months, to September 1, 2003, unless repealed, extended or modified by the City Council after subsequent public hearing and entry of appropriate findings of fact pursuant to RCW 35A.63.220, provided that the me moratorium shall automatically expire upon the effective date of zoning and land use regulations for sexually orientated businesses adopted by the City Council. Section 4. Severability. If any sections, sentence, clause or phase of this Resolution shall be held to be invalid or unconstitutional by a court of component jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicably shall not effect the validity or constitutionality of any other section, sentence, clause or phase of this Resolution or its application of any other person, property or circumstance. Resolution No. 3569 February25,2003 Page 4 Section 5. Effective Date. That, upon passage and signatures hereon, this Resolution shall be in full force and effect on March 1, 2003,and shall continue in effect as provided herein. PASSED by the City Council this .~..~.r~ of March, 2003. ATTEST: anT~lle E. Da'skam, City Clerk CITY OF AUBURN Peter B. Lewis, Mayor ~D..adlel B. Heid,'N?,JJ Published: ~At~Cney,TM ~ Resolution No. 3569 February25,2003 Page 5