HomeMy WebLinkAbout3436 RESOLUTION NO. 3436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM
ON ACCEPTANCE OF APPLICATIONS FOR LICENSES,
PERMITS AND APPROVALS FOR SEXUALLY ORIENTED
BUSINESSES, AND ESTABLISHING A WORK PLAN FOR
REVIEW AND DEVELOPMENT OF ORDINANCES AND
REGULATIONS AFFECTING SEXUALLY ORIENTED
BUSINESSES FOR AN INITIAL PERIOD OF ONE YEAR
WHEREAS, in conformity with the responsibilities of the City of Auburn to provide
for zoning and land use regulations pursuant to state law, and the City's authority to
regulate business activity within its corporate limits, the City intends to develop appropriate
licensing and business regulations and zoning and land use regulations for sexually
oriented businesses; and,
WHEREAS, from the experiences of the Police of the City of Auburn and of other
cities, the City Council finds that sexually odented businesses, although afforded some
constitutional protections, often result in undesirable secondary effects, including criminal
and other unlawful activities such as prostitution, narcotics-drug and liquor law violations,
breaches of the peace, assaults, and inappropriate contact between employees and
customers of these businesses and others; and,
WHEREAS, in order to fully consider the options and alternatives for such
regulations, and to fully investigate and review all of the factors involved in developing
appropriate regulation of sexually oriented businesses, the City needs to be assured that it
has the time to complete such review and to put into place such regulations without the risk
that other such businesses would seek to be established in zoning districts or in other ways
not conducive to or in the best interests of the City of Auburn; and,
WHEREAS, the City Council further finds that indiscriminate, inappropriately placed
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and unregulated operation of sexually oriented businesses may result in diminution of real
estate property values, and may, as well, result in adverse impacts to the neighborhoods
affected; and,
WHEREAS, the City Council also finds that the City's land use planning and the
integrity of its neighborhoods will suffer significant harm unless applications for licenses,
permits and approvals for sexually oriented businesses are halted until the planning
process is completed and appropriate regulations are in place; and,
WHEREAS, the City Council further finds that the need to protect the health, safety
and welfare supports establishment of a moratorium on applications for licenses, permits
and approvals for sexually oriented businesses; and,
WHEREAS, the City of Auburn, through its Legal Department and its Planning
Department has developed a work plan to study the business operations, zoning and land
use regulation, and other issues, including the relationship of these issues to sexually
oriented businesses, so that the City will be in a position to adopt, implement and enfome
appropriate operational, planning, zoning and land use regulations consistent with business
regulations for sexually oriented business uses; and,
WHEREAS, Section 35A.63.220 of the Revised Code of Washington authorizes the
City to impose a moratorium on development permits and approvals for sexually oriented
businesses; and,
WHEREAS, consistent with previsions of RCW 35.A.63.220, it is apprepdate for the
City Council to hold public hearings and to authorize the holding of public hearings and/or
other means to gather information and adopt findings of fact supporting and justifying the
moratorium, and to implement a work plan for review of the sexually oriented related issues
in the development of the City's sexually oriented business and land use regulations; and,
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WHEREAS, in order to accomplish the necessary review of relevant community and
legal issues in developing the City's sexually oriented regulations, it would be reasonable to
utilize the resources of the Planning Commission and combine the business regulatory
review with the land use, zoning and comprehensive plan reviews.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section 1. Moratorium established.
A moratorium is imposed on the filing with the City or the Courts of any applications
for licenses, permits and approvals for sexually oriented businesses, sexually
oriented businesses and adult use facilities as those terms are commonly
understood and defined in industry circles and area municipal regulations.
Section 2. Term of Moratorium.
The moratorium imposed by this Resolution shall become effective on the date
hereof, and shall continue in effect for an initial period of one year, 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 adopted by the City Council to address siting of sexually oriented
businesses in the City of Auburn.
Section 3. Preliminary Findings.
That the following preliminary findings of fact are hereby adopted:
A. That sexually oriented businesses and sexually oriented land uses
have significant impacts on neighboring properties and on the
community.
B. That among the impacts of sexually oriented businesses and land
uses are potential secondary effects as shown by comparisons and
studies by other communities as well as the incidents of criminal
activity in the City of Auburn.
C. That because of the potential detrimental impacts of these businesses
and land uses, special care and attention needs to be employed in
developing appropriate legislation that satisfactorily addresses the
concerns of the City and does so in a way which is in conformity with
the constitutional limitations and requirements identified by court
decision.
D. A substantial amount of documentation, information, testimony and
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statements of concern have been presented to the City by law
enfomement officers, citizens of the City and other persons interested
in or familiar with the issues of sexually oriented businesses and land
uses support continued and further exploration of ways to protect the
City and its citizens from the undesirable secondary effects of
sexually oriented businesses and land uses yet recognizing the
constitutional protections afforded such businesses and land uses.
Section 4. Work Plan.
That the following work plan is adopted to address the issues involved in the
sexually oriented business and land use regulations:
A. That the City of Auburn Planning Commission shall be authorized and
directed to hold public hearings and public meetings to fully receive
and consider statements, testimony, positions and other
documentation or evidence involving sexually oriented businesses
and land uses.
B. That the Planning Commission and City staff are authorized and
directed to review the status of legal cases, decided and pending, to
review the statistical data, information, studies and other evidence
compiled by other municipalities, including law enforcement reports
and evidence of undesirable secondary effects of sexually oriented
businesses and land uses, and a review of the regulations,
ordinances and codes adopted and implemented by other
municipalities to address sexually oriented businesses and sexually
oriented land uses.
C. That the City of Auburn Planning Commission shall work with City
staff and the law enforcement officers of the City to develop proposals
for regulation of sexually oriented businesses and for regulations,
restrictions and limitations on sexually odented land uses and zoning
considerations, to be forwarded in recommendations to the City
Council for inclusion in ordinances and adoption as a part of the City
Code of the City of Auburn.
D. That the Mayor, in consultation with the City Attorney, Planning
Director and the Police Chief shall periodically advise the City Council
as to the status of hearings, meetings and information development
regarding activities of the Planning Commission and City staff relative
to sexually oriented businesses and land uses, with such reports to be
scheduled approximately every six (6) months or as appropriate
throughout the period of the moratorium and any extensions thereof,
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until adoption of a comprehensive ordinance as developed, relating to
sexually oriented businesses and land uses becoming effective in
conjunction with the termination of the moratorium referred to in this
Resolution.
Section 5. Public Hearing.
A public headng shall be scheduled for 7:30 p.m. or as soon thereafter as the
matter may be heard, on the 1st day of April, 2002, at the City Council Chambers, at
25 West Main Street, Auburn, WA 98001, to hear and consider the comments and
testimony of those wishing to speak at such public headng regarding the
moratorium.
Section 6. Severability.
If any sections, sentence, clause or phrase of this Resolution shall be held to be
invalid or unconstitutional by a court of competent 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.
Section 7. Effective Date.
This Resolution shall be in full force and effect upon passage and signatures
hereon.
ADOPTED by the City Council this day of ,2002.
Attest: Peter B. Lewis, Mayor
~am, City Clerk
Approved as ~..~rm:. . ~,~
niel ~. Held, Ci¥~ At~t~rney ~
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