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Home My WebLink About09-02-2003 Item VIII-B-1/ CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 3634 — Extending Moratorium Related to Sexually August 26, 2003 Oriented Businesses Department: Attachments: Budget Impact: Legal Resolution No. 3634 Administrative Recommendation: City Council adopt Resolution No. 3634. 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. Resolution No. 3634 would extend the moratorium an additional six months to March 1, 2004, unless repealed, extended or modified by the City Council, and provided that the moratorium shall automatically expire upon the effective date of zoning and land use regulations for sexually oriented businesses. 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 ❑Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Unti—1 Councilmember: Borden Staff: Heid Meeting Date: September 2, 2003 Item Number: VIII.B.1 RESOLUTION NO. 3 6 3 4 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, 3569 and 3633 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. 3634 August 11, 2003 Pagel 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, WHEREAS, an extension of the moratorium of the filing of applications for licenses, permits and approvals for sexually oriented businesses initially established by ---------------------------- Resolution No. 3634 August 11, 2003 Page 2 Resolution No. 3436, was approved pursuant to Resolution Numbers 3569 and 3633; 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 2nd day of September, 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, and reaffirmed by Resolution Numbers 3569 and 3633, still represent the concerns and issues involving Sexually Oriented Businesses as affecting the City of Auburn, and the findings, recitals and work plan, and are therefore fully reaffirmed and incorporated herein by this reference. 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. ---------------------------- Resolution No. 3634 August 11, 2003 Page 3 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 months (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 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. Section 5. Effective Date. That this Resolution shall be in full force and effect upon passage and signatures hereon, and shall continue in effect as provided herein. PASSED by the City Council this day of , 200 CITY OF AUBURN Peter B. Lewis, Mayor ATTEST: Danielle E. Daskam, City Clerk ---------------------------- Resolution No. 3634 August 11, 2003 Page 4 ---------------------------- Resolution No. 3634 August 11, 2003 Page 5