HomeMy WebLinkAbout03-01-2004 ITEM II-A-5CITY OFo0p.
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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
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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
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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
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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
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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,
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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
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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
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effect for a(6) six of eriod months, to September 1, 2004, unless repealed, extended or
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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
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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 �.
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Resolution No. 3585
February 4, 2004
Page 5