Res 98-268
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RESOLUTION NO. 98-2nß....
A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF
FEDERAL WAY, WASHINGTON,IMPOSING A MORATORIUM
ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE
OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND
BUSINE5S UCENSES, FOR ADULT ENTERTAINMENT AND
ADULT RETAIL USES.
WHEREAS, the Federal Way City Council has previously determined, based on
public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-
241, that adult entertainment uses cause secondary effects that are detrimental to the public health,
safety, morals and general welfare of the citizens of Federal Way; and
WHEREAS, there are present within the City of Federal Way several adult retail
establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or
in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded
video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys
and novelties, games, clothing or other merchandise which are distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified anatomical areas, specified
sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code
("FWCC") 9-71.A; and
WHEREAS, there is evidence that the City could, in the near future, receive
applications for adult entertainment or adult retail uses that would significantly increase the
Res. No. 98-268 , Page 1
amount of square feet of commercial space characterized by such uses and located with the City
Center Core and Frame; and
WHEREAS, the FWCC may not currently adequately address the various impacts
to public health, safety, morals and general welfare that these uses present; aner
WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region,
and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult
retail uses, based upon evidence of the negative secondary effects of such uses;
WHEREAS, the citizens of Federal Way would be well served if City Council
members and city staff more fully addressed and understood the potential negative secondary
effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon
neighboring properties and on the community as a whole; and
WHEREAS, the City needs to review existing information on the negative
secondary effects of adult entertainment and adult retail uses, and to review the City's Code and
ordinances in a comprehensive fashion to determine whether they sufficiently address the
secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt
moratoria provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, the City should impose a moratorium barring the acceptance of all
applications for and issuance of business licenses, building permits, land use permits, or other
licenses or permits under the FWCC for adult entertainment or adult retail uses, until additional
review has been completed and any necessary code revisions have been adopted by the Federal
Way City Council; and
Res. No. 98-268 , Page 2
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WHEREAS, the Federal Way City Council understands that a portion or all of the
materials sold by adult entertainment or adult retail uses may be protected by the First Amendment
of the U.S. Constitution and/or Article 1, Section.5 of the Washington State Constitution; and
WHEREAS, the Federal Way City Council does not intend, by tñìs resolution, to
impermissibly infringe upon any party's tree speech rights, and urges any court reviewing this
resolution to interpret it in such a manner and determine that it is constitutional; and
WHEREAS, the purpose of this resolution is to provide, during the moratorium
period, time in which the City Council may study its existing Code, ordinances and the negative
secondary effects of such uses; determine whether any additional, reasonable regulation is
necessary to mitigate the secondary effects; and prepare for adoption suitable time, place and
manner restrictions narrowly tailored to regulate such uses by the least restrictive means available;
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section]
Morntorillm.
The Federal Way City Council hereby declares a
moratorium upon the acceptance of applications for and the issuance of any business license,
building, land use or development permit or approval (including variances and rezones), or any
other permit, license or approval required to construct, install, relocate, or operate any adult
entertainment or adult retail use as defined in the FWCC or described in the recitals of this
resolution. Further, during the pendency of this moratorium, no information or submissions on
any pending applications for adult entertainment or adult retail uses shall be accepted by City staff.
Res. No. 98-~, Page 3
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Section 2 Duration. This moratorium shall be in effect for 180 days following
the effective date of this resolution, and shall expire at midnight on August 16, 1998 unless
extended by the City Council.
Section 3 Puhlic Hearing. Pursuant to RCW 36.70A.390, the CIty Council shall
hold a public hearing on this moratorium within sixty (60) days of its adoption, or no later than
April 18, 1998. Immediately after the public hearing, the City Council shall adopt findings of fact
on the subject of this moratorium, and either justify its continued imposition or cancel the
moratorium.
Section 4 StIff Direction. During the moratorium, the City staff is directed to
survey existing studies and evidence and: identify any negative secondary effects that are
associated with adult retail portions of adult entertainment uses; determine whether any
mechanisms exist by which these effects may be mitigated; identify the least restrictive of these
mechanisms; and identify alternative, available areas within the City within which the City may
provide a reasonable means to accommodate access to constitutionally-protected material, if any;
make recommendations to the City Council, or a subcommittee thereof, if appropriate, concerning
any necessary and appropriate legislation and/or code amendments.
Section 5 Temporary Use Permit~. Notwithstanding the moratorium in Section
1 above, any adult entertainment or adult retail use which satisfies all criteria applicable to its
underlying zone may be pennitted under a temporary use permit if it meets the following criteria:
A. It is not located or proposed to be located within one thousand feet (1,000') of:
1. any zone in which residential use is permitted outright;
2. any public or private school or day care facility.
Res. No. 98-m, Page 4
3. any church, synagogue, or other place of religious worship;
4. any public park;
5. any library; and
6. any other adult entertainment or adult retail use or activity.
For puxposes of this subsection, 1,000 feet shall be measured along a straight line from any point
of public access to the adult entertainment or adult retail use to the nearest comer of the property
on which the school, church, park, library, residential, or other adult entertainment or adult retail
use is located.
B. It meets other applicable criteria under the FWCC, including those under
Chapter 22, for issuance of a temporary use pennit.
Section 6
Recita1s and Findings of Fact Inco(])Orated. The recitals set forth on
pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241, are
incorporated as if fully set forth herein and shall serve as Findings of Fact. The City Council may
amend such findings in whole or in part and adopt additional findings following the public hearing
described in Section 3 above.
Section 7 Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 8 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Res. No. 98-~ Page 5
Section 9 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY.
WASIDNGTON, this l1~ay of February, 1998.
CITY OF FEDERAL WAY
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MAYóR, RON GINTZ
A1TEST:
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CITt CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 98-2..6..8.-
K,IRESOITADULTENT.MOR
February 17, 1998
February 17, 1998
Res. No. 98- 268, Page 6