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Res 98-276 RESOLUTION NO. 98-276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIllNGTON, ADOPTING FINDINGS OF FACT AND RENEWING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, 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-E..li Page 1 ~~~f amount of square feet of commercial space characterized by such uses and located with the City Center Core and Frame; and WHEREAS, the FWCC does not currently adequately address the various impacts to public health, safety, morals and general welfare that these uses present; and 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; and WHEREAS, the citizens of Federal Way would be well served if City Council members and city staff performed additional analysis on the 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 prepare draft code amendments to the FWCC addressing the negative 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, on February 17, 1998 the City adopted Resolution No. 98-268, imposing a moratorium upon 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. 98-276, Page 2 WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty (60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the Federal Way City Council and after considering all written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing, the City Council adopted Findings of Fact and continued the moratorium until August 16, 1998; and WHEREAS, as a result of research and analysis performed during the moratorium, the City has concluded that adult entertainment, including adult retail uses and bookstores, has negative secondary effects and that code amendments are necessary to the FWCC to address such effects; and WHEREAS, in order to allow staff sufficient time to thoroughly analyze all of the information staff has gathered during the six (6) month moratorium, to draft proposed code amendments and to present such code amendments to the Federal Way Planning Commission, the Land Use Transportation City Council Committee and the full City Council, staff is requesting a six (6) month renewal to the adult moratorium; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 35.70A.390, a public hearing was held on August 11, 1998 to consider renewing the moratorium for a six (6) month period; and WHEREAS, the City Council has considered written comments and public testimony received at the August 11, 1998 hearing, as well as all materials presented by staff; and WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city renewing a moratorium shall adopt findings of fact prior to such renewal; Res. No. 98-.1L~ Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I Findings of Fact. The Federal Way City Council hereby adopts the following Findings of Fact: A. The City has determined previously, through public testimony and the receipt of other evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the public health, safety, morals, protection of minors and the general welfare of the citizens of Federal Way. B. Many of those adverse secondary effects are summarized in the findings of fact contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution 98-270 which are incorporated herein by this reference. Those adverse secondary effects include significant criminal activity not limited to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants. C. Those adverse secondary effects also include public sexual conduct on the premises of adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct also causeS substantial public health and safety concerns, not limited to the spread of sexually transmitted diseases. D. The City has reviewed studies from other cities concerning the adverse secondary effects arising from 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, Res. No. 98- 276, Page 4 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 FWCC 9-71.A. E. The City adopts by reference the studies from other cities that conclude that adverse secondary effects from such adult retail establishments include increased crime rates, depreciation of property values, deterioration of community character, and a decrease in the quality of life. F. The City adopts by reference the conclusions contained in such studies from other cities that conclude that such adult retail establishments tend to concentrate in certain areas, and that the proximity of those establishments to sensitive uses such as schools, residential zones, places of religious worship and parks result in similar or increased adverse secondary effects. G. Although reliance on these studies has resulted in the decision by the City to regulate the location of such adult retail establishments, the City believes that the characteristics of such establishments within the City may have an impact on the type and manner of regulation which the City chooses to employ. The City finds that additional review of other studies on the secondary effects of adult retail establishments is necessary to determine what regulations are appropriate. H. Staff will prepare draft code amendments as a result of its further review of such studies to address the negative secondary effects of such adult uses for the City Council's consideration and adoption. r. A renewal of the moratorium established by City Resolution No. 98-268 and Resolution No. 98-270 until February 12, 1999 is necessary to take such additional action. Res. No. 98- 276, Page 5 Section 2 Recitals and Findings of Fact Incocporated. The recitals set forth on pages 1-3 of this Resolution, and the Findings of Fact contained in Ordinance No. 95-241, Resolution No. 98-268 and Resolution No. 98-270, are incorporated as if fully set forth herein and are hereby adopted as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 1 of this Resolution. Section 3 Renewal of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 98-268 to be renewed for an additional six (6) month period. Accordingly, the moratorium shall not expire until midnight on February 12, 1999. Section 4 Work Plan. During the six (6) month extension, staff will continue its analysis and review of studies and ordinances from other jurisdictions addressing the negative secondary effects of adult businesses including adult bookstores. Staff will draft amendments to the FWCC, including without limitation, Sections 9-71 through 9-134 covering licensing and regulation of adult establishment businesses and the zoning charts contained in Chapter 22 of the FWCC. The draft amendments will be presented to the Federal Way Planning Commission if such amendments cover Chapter 22 of the FWCC and all amendments will be presented to the Land Use Transportation City Council Committee and the full City Council for consideration and adoption. The timing of the presentation of the amendments to the Planning Commission and City Council will depend upon each body's existing work plan and available schedule. In the event either the Planning Commission or City Council is unable to complete its review and adoption of such amendments on or before February 12, 1999, staff will request an additional renewal of the moratorium. Res. No. 98- 276, Page 6 Section 5 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 6 Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7 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, WASHINGTON, this 11th day of August, 1998. CITY OF FEDERAL WAY ,%d MA YOR, RO~NTZ Res. No. 98-276, Page 7 APPROVED AS TO FORM: ~ LO~LL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 98- 276 August 11,1998 August 11,1998 K:IRESOIADULTENT.RNW Res. No. 98-276, Page 8