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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 - Page 1 - 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, - Page 2 - 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 -Page 3- 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, ~ Page 4- 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 ~ -Page 5-