Ord 99-361
ORDINANCE NO. 99-361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY. WASHINGTON, AMENDING SECTION 22-763 OF
THE FEDERAL WAY CITY CODE, "ADULT ENTERTAINMENT,
ACTIVITY. RETAIL OR USE".
WHEREAS, the Federal Way City Council is committed to protecting the general welfare
of the City through the enforcement oflaws prohibiting obscenity, indecency, and sexual offenses
while preserving constitutionally protected fOnTIS of expression; and
WHEREAS, after a detailed reyiew of the national record, the City Council adopted'
Ordinance No. 99-347 on August 3,1999; and
WHEREAS, in adopting Ordinance No. 99-347, the City Council recognized that adult
entertainment, actiyity, retail, or use have a detrimental effect on both the existing businesses around
them and the surrounding residential and commercial areas adjacent to them, causing increased
crime, the downgrading of quality oflife and property values and the spread of urban blight, and that
reasonable regulation of the location of these facilities will provide for the protection of the
community, protect residents, patrons, and employees from the adverse secondary effects of such
retail facilities; and
WHEREAS, in adopting Ordinance No. 99-347, the City Council also recognized that
adult entertainment, activity, retail, or use, due to their very nature, haye serious objectionable
operational characteristics, particularly when located in close proximity to residential
neighborhoods, day care centers, religious facilities, public parks, libraries, schools, and other adult
ORD # 99-361
,PAGE I
t@.¡Pj
entertainment, activity, retail, or use, thereby having a deleterious impact upon the quality of life in
the surrounding areas; and
WHEREAS, Ordinance No. 99-347 stated that its purpose was to protectthe general public
health, safety, and welfare of the citizenry of the City through the regulation of the location of adult
entertainment, activity, retail, or use by, inter alia, isolating dangerous and unlawful conduct
associated with these facilities-; and
WHEREAS, to achieye this purpose, Ordinance 99-347 adopted new sections of the
Federal Way City Code, including Section 22-763; and
WHEREAS, Section 22-763 included virtually verbatim many of the proyisions of the
fonner Sections 22-794 and 22-806, including those in notes I.a and I.b of those sections, which
prohibited adult uses trom being located or conducted any closer than 1,000 feettrom any residential
zone, public park, library, day care, church or other religious institution, elementary or secondary
school, or any other adult use, except that under Process IV the City could approye an adult use that
is located closer than 1,000 feet of another adult use; and
WHEREAS, in listing the types of uses trom which an adult use must be separated by
1,000 feet, Section 22-763 added to the language of fonner Stctions 22-794 and 22-806 by
separating day care centers trom schools, and calling out "public and private elementary and
secondary schools" as a separate category, thereby increasing the number of uses trom which
separation of adult uses by 1,000 feet is required ftom six (6) to seven (7); and
WHEREAS, other numerical references within Section 22-763 were not renumbered, so
that, the creation of the "elementary and secondary schools" category within note La rendered
ORD # 99-361
, PAGE 2
incorrect the reference in Section 22-763, note. I.b to the process by which adult uses could receive
approval for location within less than 1,000 feet of other adult uses; and
WHEREAS, because one of the stated purposes of Ordinance No. 99-347 was to protect
adjacent sensitive uses (such as schools and youth attending them) from the adyerse secondary
effects of adult uses, the City Council did not intend by adoption of Ordinance No. 99-347 to create
a process by which adult uses could be located within less than 1,000 feet from elementary or
secondary schools; and
WHEREAS, upon City staffs discovery of the clerical error in Ordinance No. 99-347, the
Director of the Department of Community Development issued an administratiye interpretation
pursuantto Federal Way City Code Section 22-354 that Section 22-763, note I.b allows an adult use
to be located less than 1,000 feet only from another adult use, but not from an elementary or
secondary school; and
WHEREAS, to implement the purposes of Ordinance No. 99-347, the City Council desires
to promptly correct the clerical error in Ordinance No. 99-347 that occurred as a result of the
renumbering of subsections within note I.a; and
WHEREAS, this clerical correction was considered by t:\te City Council's Land Use and
Transportation Committee ("LUTC") at its Noyember IS, 1999 meeting, at which the public was
giyen opportunities to comment; and
WHEREAS, the LUTC voted 3-0 to forward the clerical correction to the full City Council
for adoption at its December 7, 1999 meeting; and
WHEREAS, there has been sufficient oppo~ity for the public to comment on the clerical
correction; and
ORD # 99-361
, PAGE 3
WHEREAS, pursuant to WAC 197-11-800(20), the Federal Way SEPA Responsible
Official has detennined that this clerical correction is categorically exempt from review under the
State Environmental Policy Act, RCW 43.2IC;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I. Findin!!s. After full and careful consideration, the City Council of the City of
Federal Way finds that the proposed clerical correction will protect and will not adversely affect the
public health, safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon
the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions
of Law with respect to the decisional criteria necessary for the adoption of the proposal:
I.
The proposed clerical correction is consistent with the City of Federal Way
Comprehensive Plan (FWCP) pwposes, goals, and polices:
FWCP Pg VII-l
"Create an identifiable downtown that is the social and
economic focus of the City."
FWCPPgVII-I
"Establishment of an urban c~nter that is a vibrant, unique and
attractive place to work."
FWCP CCG5
"Encourage a mix of compatible uses to maintain a lively,
attractive, and safe place to live, work and visit."
2.
The proposed clerical correction bears a substantial relationship to the public health,
safety, and welfare; and
3.
The proposed clerical correction is in the best interest of the residents of the city.
ORD # 99-361
, PAGE 4
Section 3. Amendment.
The FWCC, Section 22-763 is amended as set forth in the attached Exhibit A;
Section 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to any other persons
or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effectiye five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this ~tday of December,
1999.
City of Federal Way
;t: ri~
Mayor, Ron Gintz !
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Approved as to Form:
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. mey, Land; K. Lin:ell
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ORD#~~,PAGE5
Filed with the City Clerk: 11/30/99
Passed by the City Council: 12/21/99
Published: 12/25/99
Effectiye Date: 12130/99
Ordinance No: 99-361
K:\Ordin\adltretl.amd.wpd
ORD # 99-361
, PAGE 6
EXHIBIT A
Sec. 22-763. Adult entertainment, activity, retail, or use ("Adult Uses").
The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
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DIRECfIONS: FIRST, ,oad down to fi,d ",. . THEN, "ro" fm REGULATIONS
USE ZONE CHART
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REQUIRED V ARDS
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Proe",I.I~lIlandIV",d"cril><d:n \
1122.386-22-411.
22-431-22-460,
22-476-22-498 ",peet:vel,.
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ifm ",h JOo \1. ,. Empl" ,pedfied "d" p,..g"ph I.b below, Ihi, ,d,h '" m', '°1 ',,"C m be cond"",d closet than Ibe d:"anee noted
,q.~.ofgto" I><lnw to an, oflbc follow:,g.whcthednmoOloflhcdty:
0001 "c>. I) W:lhin 1.000 reel of an, I":d,,l:aI 'O"'°' any ,:ngle-f"",:I, 01 m,h:ple-f"",H, ",:dcnd,1 '" o",:de thc Comm"ity
"",in"""'"
2)Wilb:, 1,000 f"l of an, p,blic 1""':
3)Withi,I.000f..lofan,libtary,
4) Within 1.000 fcct of any d" c'" een'" fotOhH""'. ""el)'. m pINchool;
5) Withl, 1,000 feel of any ch",h""h,,fadHty " In"'ludoo ",d prim";l,f",,Hglo", pmpo""
6) Within 1.000 fcctofan, p,blic "priva" elemcnlory m ,..",dory "h"l; and
7)Wilhln 1,000 f,,1 of an, olh" ,d,hu"',
The "p"I,,'on "q,i"d I><tW..n an adull u"' "dan, "n,lllve '" described ,bove In "",ioo' l(aXI)-(6) shall I>< me"mod
from Ihecdge m ooro"oflhe property of,ocb ..n,idve"', lolhc edge "ooro"oflhe pto""" of the adult ",. The "panrion
«qui'" I><_cn ad,h "'" shall I>< mcas"" from Ibe polnl of p,blic ace'" "",oog Ihe buHdI"a ho",ina "ch "',. That non.
".mete<! portion of an, pmel", "'Hd;naa not iocl,de<! wllbln an, portIon of the above ,cre"n..d 1000 foot "Ib"k "'.. ma, I><
",df"ad,ltn",.
b. The cIty may. ",ingProe'" IV, app""'ethi'u" "ganil... of '" ploximlty to the "" and",n" ""dfie<! In pongnph I.a
E6¡Q) above. b"ed on Ibe followlng crileria:
I) The "",I to which Ibe topognph, "phy,'cai f..to'" of Ihe a"a wo,ld ""h in eff..llve "pontio, i, "no' of vl,lbility
"d acc""
2) The compatlbillt, of the PIOpo,ed u" wlth oemy u""
3) Thcl"k ofavaHabHlty of,hematlvelocatlO" fot the ptop"cd "'. ba"d °, Ibc "quI""""" ofpmgnph I.a above:
4) The a¥xilabill', of"""po""io, rout" to allow molori'" and pedeStrian, to avoid Ihe propo"d u" if the, wl,h to do so.
2. Thec:ty may. uo;na """... IV. modIfy «qui"d ,ani. height, I"d,cape and b,ff" and "h",i" d,,;go and dimen,looal
"q,'"mcn"fmapropo"ddevelopm"'ttbatm""the follow:n,cri"ria:
a. The propo"ddevelopment wlll I><coo,i,,"1 wllh adopted comp"he"ive plan polici" f"lbl, ",ne: and
b. The propo"d development wlll I>< con,i"ent wlth applicablc d"ibm g,ideli,"; and
c. Thc ,..ct. ,lilIli", and oth" Infmttuctu", In Ibe ",a '" adcqu"c 10 "pport Ibc pto""'" developmcnl.
3. No m",lmum lot covc"gc " "tabli,bed. In"..d, Ibe buHdablc at" will be dctenoincd by oth" ,lie development "qul"",en".
:'e.. «quitcdbuffcn. p""'"g 101 lan"'ca¡>log. ,uóaeewal"f"llili", ct,.
4. F""mmunltyd"¡gnguldelin"lbatappl,tolbeproj,,t...CArtkleXIX.
5, F"land"aping"q,'"",en"lbatapply to the proj"t. ",Artòdc xvn.
6, Fol "go "qul"",cn" that appl, to the proj..t. ,.. Artlde XVIII.
7. Ref" to goo, 22.946 ct "". to dctcnoine wbatoth"provl,'on' ofthi"h'pt"m" apply to the subject propertY.
LF"oth,,'nfonoat;o" ,bout parl<lngandporlån8""" ,"! 22-1376 ct ..q.
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SPECIAL REGULA nONS AND NOTES
Foldctailsofwhat ma, exceed thl, helghl Hmll, ",! 22-1046 ct. "q.
FQ[dct,II.".ardl""..I"dvanis ,..02.113Ict....
lO<d. No. 90-43.12150.40),2-27-90:0"'. No. 93-170,17(E,h. "),4-20-93:O<d No.96-270.!5. 2-7-96:""'. No. 97-291.13.4-1-97)
S.. no" 2.
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