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HomeMy WebLinkAbout03-01-2004 ITEM II-A-5CITY OFo0p. �� rr AGENDA BILL APPROVAL FORM �F WASHINGTON Agenda Subject Date: Moratorium Hearing February 4, 2004 Department: Attachments: Budget Impact: Planning/Legal Resolution No. 3688 Administrative Recommendation: City Council conduct a public hearing. Background Summary: The City Council had previously imposed a moratorium on new sexually oriented businesses through adoption of Resolution No. 3436, which was successively extended through Resolution No. 3569 and Resolution No. 3633. On February 17, 2004, Council adopted Resolution No. 3688 extending the moratorium an additional six months. The moratorium was imposed and extended 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, 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, is working on completion of the zoning and land use issues for sexually oriented businesses, and although the Planning Commission held a Public Hearing on February 3, 2004, at which public comments and written statements were received, because further review, deliberation and discussion is desired by the Planning Commission, and because the final recommended regulations have not yet been developed and such regulations have not yet been adopted in Ordinance, it would be appropriate to extend the moratorium for another six months, or until the adoption and effective date of the applicable Ordinances). 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. A0301-2 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 1 1 Referred to Until 1 1 Tabled Until 1 1 Councilmember: Singer Staff: Heid Meeting Date: March 1, 2004 Item Number: 11.A.5 AUBURN * MORE THAN YOU IMAGINED Agenda Subiect Date: Resolution No. 3688 February 4, 2004 w r ----------- w w -------- r w .w. w. --------- r r r ... r r w r r r r w w r w w r w w r w w r r w w RCW 35A.63.220 provides requirements for moratoriums and for the extension thereof, as follows: 35A.63.220. Moratoria, interim zoning controls --Public hearing--Limitation on length A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. Page 2 of 2 Item I I .A. 5 RESOLUTION 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. 3435, 3569 and 3533, and in accordance with the work plan established in Resolution No. 3436, and setting a public hearing for the 1 st 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 sexual) oriented business zoning code and land use provisions for p 9 Y the City of Auburn it was appropriate to impose a moratorium on the filing of applications for licensesermits and approvals rovals for sexually oriented businesses, as allowed by section p 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 rr r�rrwr-rrrr rrrrrwrr---rr..rr�..r--rr rr� 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. 3433, to (1) determine the impacts of sexually oriented businesses in the City of Auburn, including reviewing their geographic concentration, operational particularities, physical sical 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 ap osition 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, +�r.rrrr�wrr�r�rrrrrrrr.w w..rrrrrrw �r Resolution No. 3688 February 4, 2004 Page 2 WHEREAS, Section 35A.63.220 of the. Revised Code of Washington (RCVS 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. 3509, passed on March 3, 2003, and Resolution No. 3533, 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 extendlrenew 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. 3430 still represent the concerns and issues involving Sexually Oriented Businesses as affecting the City of Auburn, and the .� r w- rr •.-rr rr r r r -w wr Resolution No. 3088 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 p effect for a(6) six of eriod months, to September 1, 2004, unless repealed, extended or p modified by the Ci council after subsequent public hearing and entry of appropriate City findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall automatically P p 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 Istday 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 .�.rwrwwrrrrrrrw.rw+.rrwwwrrrw w rwrrrwr Resolution No. 3588 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. Effective date. That this Resolution shall be in full force and effect upon passage and signatures hereon, and as provided herein. - 200 -PASSED by the City Council this da of Peter B. Lewis, Mayor Attest: Danielle Daskam, City Clerk Appr d as rm: 00 zC niel B. Hei ,City Attorney �. w.rwwrwwwr w�..r rr r.rwwwww.rrrr�w.w wwrww Resolution No. 3585 February 4, 2004 Page 5