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HomeMy WebLinkAbout3688RESOLUTION NO. 3 6 8 8 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 Nos. 3436, 3569 and 3633, and in accordance with the work plan established in Resolution No. 3436, and setting a public hearing for the 1st day of March, 2004, 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 and Resolution No. 3633, 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. 3688 February 4, 2004 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, having just completed its holding of a public hearing on February 3, 2004, on the proposed Ordinance and the options/alternatives thereto, needs more time to review the public statements and written comments received, and need more time to investigate and review areas of concern identified (by both sides) at the public hearing 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, Resolution No. 3688 February 4, 2004 Page 2 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; 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 Resolution No. 3633, passed on August 18, 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 establishment/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 Resolution No. 3688 February 4, 2004 Page 3 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 March 1, 2004, 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. 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 March 1,2004, and shall continue in effect for a period of six (6) months, to September 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 1st day of March, 2004, 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 Resolution No. 3688 February 4, 2004 Page 4 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 6. upon passage and signatures hereon, and as provided herein. PASSED bythe City Council this /~day of .~.~_~~.~ Effective Date. That this Resolution shall be in full force and effect Peter B. Lewis, Mayor Attest: Dan"ielle Daskam, City Clerk AP pro, Dve~as ~,rm: // I~iel B. Hei;~i-,, City Atto ey ,200 ~' Resolution No. 3688 February 4, 2004 Page 5