HomeMy WebLinkAbout09-02-2003 Item II-A-1CITY OF "s -
M` AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject
Date:
Public Hearing on Moratorium Extension Related to Sexually Oriented
August 26, 2003
Businesses
Department:
Attachments:
Budget Impact:
Legal
Resolution No. 3633
Administrative Recommendation:
City Council conduct a public hearing on the extension of the moratorium related to sexually oriented
businesses.
Background Summary:
The City Council had previously imposed a moratorium on new sexually oriented businesses through
Resolution No. 3436 and extended pursuant to Resolution Nos. 3569 and 3633. The moratorium was
imposed so that the City would have the opportunity to fully evaluate and be able to address the impacts
of sexually oriented businesses in the City, and to determine what zoning and land use parameters
should be implemented in connection therewith.
In accordance with the work plan of Resolution No. 3436, and reaffirmed by Resolution Nos. 3569 and
3633, the Planning Commission has held a number of meetings to study the legal issues, consider
regulatory approaches and determine what sensitive uses in the City warrant protection in light of the
applicable court decisions. These tasks are not yet completed.
The City, through its Planning Department and Planning Commission are working on completion of
the zoning and land use issues, because the final recommended regulations have not yet been
developed and such regulations have not yet been adopted, it would be appropriate to extend the
moratorium for another six months, or until the adoption and effective date of the applicable codes. The
statute that authorizes the City to impose and extend a moratorium on uses such as sexually oriented
businesses provides that the City must do so in connection with a public hearing. For this reason, a
public hearing has been noticed and scheduled.
03.4.2.1.2
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ® Planning
❑ Park Board El Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: E --]Yes []No
Council Approval: ❑Yes []No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Borden Staff: Heid
Meeting Date: September 2, 2003 Item Number: II.A.1
AUBURN MORE THAN YOU IMAGINED
RESOLUTION NO.3 6 3 3
A RESOLUTION of the City Council of the City of Auburn,
Washington, re-establishing and extending by an additional six
months the moratorium on the filing of applications for
licenses, permits and approvals for Sexually Oriented
Businesses in accordance with Resolution No. 3436, and
3569, and in accordance with the work plan established in
Resolution No. 3436, and setting a public hearing for the 2nd
day of September, 2003, to consider the extension of the
moratorium on the filing of applications for licenses, permits
and approvals for sexually oriented businesses.
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, the City Council of the City of Auburn did adopt and provide for such an
extension of said moratorium by Resolution No. 3569, pursuant to the work plan of
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
----------------------------------
Resolution No. 3633
August 11, 2003
Page 1
subcommittee or task force thereof; and,
WHEREAS, since commencing its work on sexually oriented business issues, the
Planning Commission has met a number of times, pursuant to the work plan of Resolution
No. 3436, to (1) determine the impacts of sexually oriented businesses in the City of
Auburn, including reviewing their geographic concentration, operational 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 experiences 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 oriented businesses; 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 properly 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 (RCW)
authorizes the City to extend for six month periods of time moratoriums imposed on
business license and development permits and approvals for sexually oriented businesses;
----------------------------------
Resolution No. 3633
August 11, 2003
Page 2
and,
WHEREAS, an extension of the moratorium on the filing of applications for licenses,
permits and approvals for sexually oriented businesses was previously approved pursuant
to Resolution No. 3569, passed on March 3, 2003; 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, pursuant to RCW 35A.63.220, the City Council may extend/renew the
moratorium for one or more six-month periods so long as a subsequent public hearing is
held and findings of fact are made; and,
WHEREAS, it is therefore appropriate that a public hearing be scheduled for
September 2, 2003, for the City Council to hear from all persons wishing to speak to the
issue of the moratorium establish ment/extension.
NOW, THEREFORE, THE CITY 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 No. 3436 still represent 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, subject to further reaffirmation and findings following the public hearing
to be heard on September 2, 2003, at 7:30 p.m., or as soon thereafter as the matter can be
heard, at the City of Auburn City Council Chambers, 25 West Main Street, Auburn,
Washington.
----------------------------------
Resolution No. 3633
August 11, 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, and extended
by Resolution No. 3569, is extended.
Section 3. Term of Moratorium extension. The extension of the moratorium
imposed by this Resolution shall become effective on September 1, 2003, and shall
continue in effect for a period of six (6) months, to March 1, 2004, 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 moratorium
shall automatically expire upon the effective date of zoning and land use regulations for
sexually oriented businesses adopted by the City Council.
Section 4. Public Hearing scheduled. That a public hearing on proposal to extend
the moratorium on the filing of applications for licenses, permits and approvals for sexually
oriented businesses be, and the same hereby is set for 7:30 p.m., or as soon thereafter as
the matter can be heard, on the 2nd day of September, 2003, at the City of Auburn City
Council Chambers, 25 West Main Street, Auburn, Washington.
Section 5. Severability. If any sections, sentence, clause or phrase 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 inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance.
---------------------------------
Resolution No. 3633
August 11, 2003
Page 4
Section 6. Effective Date. That, upon passage and signatures hereon, this
Resolution shall be in full force and effect on September 1, 2003, and shall continue in
effect as provided herein.
("` .
PASSED by the City Council this i � day of , 200 `�
i
Peter B. Lewis, Mayor
Attest:
Dan Ile Daskam, City Clerk
B. Fled, City Attorney
----------------------------------
Resolution No. 3633
August 11, 2003
Page 5