Res 99-286
RESOLUTION NO. 99- 286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, 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.
WHER,EAS, the Federal Way City Council has previously determined, based on
public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-24,
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. 99-...2ßD Page 1
(C@[P)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 City has prepared 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
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
Res. No. 99-286, Page 2
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, on August 11, 1998 the City adopted Resolution No. 98-276,
renewing the moratorium for six (6) months until staff had thoroughly analyzed all of the
information, drafted proposed code amendments, and presented such code amendments to the
Federal Way Planning Commission ("Planning Commission"), the Land Use Transportation City
Council Committee (LUTC") and the full City Council; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 35.70A.390, a public hearing
was held on February 2, 1999 to consider renewing the moratorium for a six (6) month period in
order to allow completion of the Planning Commission and the LUTC review and recommendation
of code amendments to the full City Council for adoption; and
WHEREAS, the City Council has considered written comments and public
testimony received at the February 2, 1999 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; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Res. No. 99-286, Page 3
Section 1
Findinfs 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, Resolution 98-270 and Resolution
.
98-276 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 estaiJlishments (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
Res. No. 99---2a6 Page 4
to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are
defined in FWCC 9-7I.A.
E. The City adopts by reference the studies from other cities that conclude that adverse
secondary effects from such adult retail estaiJlishments 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 has concluded that the characteristics of
such establishments within the City impact the type and manner of regulation which the City
chooses to employ.
H. The City understands that staff has completed the draft code amendments, that the
Planning Commission is scheduled to consider said draft code amendments on February 3, 1999,
and the LUTC is scheduled to consider said draft code amendments on February 15, 1999. The
City finds, therefore, that the staff cannot present such documents to the Planning Commission,
the LUTC and the full City Council before the expiration of the moratorium on February 12,
1999.
I. A renewal for six (6) months of the moratorium established by City Resolution No. 98-
268, Resolution No. 98-270 and Resolution 98-276 until August 12, 1999, or until adoption of
said amendments, whichever occurs first, is necessary to take such additional procedural action.
Res. No. 99-286, Page 5
Section 2
Recitals and Findings of Fact Incorporated. 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, Resolution No. 98-270 and Resolution 98-276, 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, or until
the adoption of said amendments, whichever occurs first. Accordingly, the moratorium shall not
expire until midnight on August 12, 1999, or upon adoption of said amendments, whichever
occurs first.
Section 4 Work Plan. During the six (6) month renewal period, staff's work plan
will consist of presenting the draft code amendments attached hereto as Exhibit" A" to the
Planning Commission on or about February 3, 1999, for consideration and recommendation, and
to the LUTC on or about February 15, 1999, for consideration and adoption and to the full City
Council for adoption.
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.
Res. No. 99-..l.8.~ Page 6
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 2nd day of February, 1999.
CITY OF FEDERAL WAY
k~~
MA')'OR, RO GI Z
Res. No. 99-286, Page 7
APPROVED AS TO FORM:
~Q.~-i'I~~~~
CITY AITORNEY, LONDI K'. LINDELL
FILED WITH THE CITY CLERK: 1/28/99
PASSED BY THE CITY COUNCIL: 2/2/99
RESOLUTION NO, 99-286
K,\RESO\2ADULTENT.RNW
Res. No. 99-.2Hß Page 8
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EXHIBIT A
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Chapter 22 of the Federal Way City Code is hereby amended as follows.
A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows:
Adult enterlainment� activity� retail. or use shall mean all of the following:
(1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified"sexaal activities"or "specified anatomical areas" (defined as-€a�s
below) for observation by patrons therein and which excludes minors by virtue of age.
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�3-j � Adult � entertainmer�t shall mean a cabaret, nightclub or other establishment which
features go-go dancers, exotic dancers, strippers, male or female impersonators, similar
entertainers or attendants, who are so clothed or dressed as to emphasize "specified
anatomical areas" and/or whose performances or other activities include or mimic
"specified sexual activities" (defined below� and which establishment excludes minors by
virtue of age, and shall mean any of the adult entertainment establishments as defined in
section 9-71(A and B) of the FWCC.
� Parrarama and�eepshow shall rnean as defined in section 9 71(I and Jl of the FWCC
�4,� Adarlt retail shall mean a retail establishment which for money or anv other form of
consideration, either�
a. Has as one of its �rincipal purposes to sell, exchan e rent loan trade, transfer and/or
provide for viewin�, off the �remises any adult oriented merchandise; or,
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b. Provides as its substantial stock in trade for the sale exchan�7e rental loan trade
transfer_ and/or for viewin� or use off the premises any adult oriented merchandise
Ad_ult o�iented mercharzdise shall mean an �� oods, products, commodities, or other wares,
includin� but not limited to_ videos, CD Rom's DVD's ma�azines books, pamphlets,
posters_ cards. periodicals, or non-clothing novelties which depict describe�or simulate
specified anatomical areas or specified sexual activities (defined below�
Specified anatomical areas shall mean the followin�
a. Less than completelv and opac�uely covered human Uenitals, anus�ubic reaion, buttock�
or female breast below a point immediately above the top of the areola; or
b. Human male �enitals in a discernibly turgid state even if completel, a��ac�uelX
covered.
Specified. sexual activities shall mean any of the followin�
a. Human genitals in a state of sexual stimulation or arousal; �
b. Acts of human masturbation, se�cual intercourse, sodomy, oral copulation, or bestialitX;
or
e. Fondlin� or other erotic touching of human �enitals,�ubic region, buttocks or female
breasts, whether clothed of oneself or of one �erson by another; tir
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Activities and uses defined as adult entertainment, activity, retail. or use are only permitted in the
zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
B. The Special Regulations and Notes of Use Zone Chart (CC-C) (Sec. 22-794, Adult
entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B.
C. The Special Regulations and Notes of Use Zone Chart (CC-F) (Sec. 22-806, Adult
entertainment, etc,) of Chapter 22 are amended as shown in Exhibit B.
D. The following section shall be added to Chapter 22:
Sec. 22-338.2. Nonconforming adult entertainment activitv retail or use
An�adult entertainment, activit� use, or retail use located within the citv limits on the effective
date of th�s code, which are either ma�e nunc+unform�ng #�y this code vr �vhcc� are �xist�ng
_.
�o�cvrifor�n�r�g uses shall be terminated within one (l�year;,�rovided, however that such
termination date mav be extended u�on the ap�roval of an application filed with the city's
Communitv Development Director within 120 davs of the effective date of this code .�rovision
requestin� an extension to such one (l�vear amortization �eriod The director's decision on
whether or not to ap�rove any extension �eriod and the lenQth of such period shall be based u�on
the ap�licant clearlv demonstratin� extreme economic hardship based upon an irreversible financial
investment ar:eorni�rii�ment made �rior to Febru�ry`:1 �9g9 which precludes reasonable
alternative uses of the subject propert�
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Sec. 22-794. Adult entertainment,-e�e: activity, retail, or use ("Adult Uses").
The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
J MIN[MUMS
'L
C
- N �, ZONE
! KEQUIRED YARDS Q CC—C
' U
C� � ce ^ u" � � `�
Oa W �
USE � j� v�, z � a �� j�
�j q F o � 4 � �'� SPECIAL REGULATIONS AND NOTES
� za � u�. v� � 5v� �a
Adult Process None 20' 0' 0' 35' above 1 for each 300 1. a. Except as specified under paragraph 1.b below, diis adult use may not locate or be conducted closer than �999�{tneesnre�
entertaimnent, Ii average sq. ft. of gross the distance noted bclow to any of the
activity, ee Possible building floor area. following, whether in or out of the city:
retail, or use. Process elevation. I) Within I,000 fecl of any residenli�l zonc or any sin�!Ic
IV or multiple-family residential use outsidc thc Cilv Ccntcr Corc or Frainc;
See note See note 2. 2) r�abFie-pnrle Within 1,000 feet of any public park;
l. 3) �}-Fi}�eaey Within 1,000 feet of any librarv;
4) Within 1,000 feet of anv day care center for children, nursery, or pre-schooi;
5) ' Within 1,000 feet of anv church or other facilitv or institution used
pnmanlv for reli¢iousputposes,
G) � Within I,000 feet of anv aublic or nrivatc elementarv or secondary school; and
7) Within 500 feet of anv other udult uses.
As set forth above, adult uses shall not be allowed within 1,000 feet of the sensitive uses set f'orth above, measurcd from the edt�e
or corner of Ihe propeitv of such sensitive uses. As set forlh above, ndult uses shall not Uc allowcd within 500 fect of anv other adult
use measured from the point of public access amon� Ihe buildint�s housin�; such uses. That nonrestrictcd porlion of any parcels or
buildin�s not included within any portion of the a6ove referenced 1000 foot or 500 foo[ setback arcas may be used for adult uses.
b. The city may, using Process IV, approve this use regardless of its proximity to the uses and zones specified in paragraph l.a (6)
See nore 2, above, based on the following criteria:
I) l�he cxtent to which the topography or physical features of the area would result in cffcciivc scparation in tenns of visibility
and access;
2) Tlie compatibiliry of the proposed use with near6y uscs,
3) Thc lack of �vailabiliry of al�crnalivc localions Ibr Ihc proposcd usc, bsiscd on Ihc rcquircmcnts of paragraph I.T abovc;
4) The availability of transportation routas to allow motoris�s and pcdestrians lo avoid the proposed use if they wish to do so.
2. The City may, using Process fV, modify required yard, height, landscape and buffer and o�her site design and dimensional
requirements for a proposed development tl�at meets H�e following criteria:
a. The proposed development will be consistent with adopted comprehensive plan policies for this zone; and
b. The proposed development will be consistent with applicable design guidelines; and
c. The street, utilities, and other infrastructure in the area are adequate to support the proposed development.
3. No maximum lot coverage is established. Instead, �he buildable area will be detennined by other site development requirements,
i.e., required buffers, parking lot Iandscaping, surface water facilities, etc.
4. For community design guidelines that apply to the project, see Article XIX.
5. For landscaping requirements that appiy to the project, see Article XVU.
6. For sign requirements that apply to the project, see Article XVl[I.
7. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may appiy to the subject property.
Process I, D, III and IV aze described in Por other infonnation about parking and parking areas, see § 22-1376 et seq.
§§ 22-386-22-41 ],
22-43 ]-22-460, For details of what may exceed this heiglit limit, see � 22-I046 et. seq.
22-476-22-498 respectively.
For details regarding required yards, see § 22-i 131 et seq.
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(Ord. No. 90-43, § 2(50.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 2-7-96; Ord. No. 97-291, § 3, 4-1-97)
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Sec. 22-806. Adult entertainment, activitv, retail, or use ("Adult Uses").
The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read do��m to find use ... THEN, across for REGULATIONS
z MINIMUMS o �
� �; � �, ZONE
Q a REQUIRED YARDS � U CC�F
J �
� � � � N
V c� = r:� � �� 6�
r CL � W N E-� ..`tlm. �� �
LSE _,. v, z W a X
� � � � o a Q � � � � � SPECIAL REGULATIONS AND NOTES
Adult Process None 20' 0' 0' 35' above 1 for each 300 1. a. Except as specified under paragraph l.b below, this adult use may not locate or be conducted closer than , '
entertainment. III average sq. 8. of gross the distance noted below to any of the following, whether in or
activity, ee � Possible building floor area. out of the city:
retail, or use. Process elevation. t) Within I,000 feet of anv residential zone or anv sin�le-familv or multinle-
IV familv residential use outside the Citv Center Core and Frame;
See See notes 2& 2) r�paHlie-perir Within 1,000 feet of anv nublic park;
notes 1 3. 3) �r�ibrny� Within 1,000 feet of any library;
& Z, 4) Within 1,000 feet of anv dav care center for children, nurserv, or pro-school;
5) , ' Within 1 000 feet of anv church or olher facility or institution used primarily for
reliL,ious purpases; .
6) ' Within I 000 feet of any public or priva�c clemcntarv or secondary school; and
7) Within 500 feet of any other uses.
As set forth above adult uses shall not be allowed widiin I 000 feet of the sensitivc uscs set 1'orth above, me�surcd from the ed�c or comer
of thc proneiiy of such sensitive uses As set forth above adult uses shall not bc allowed within 500 fccl of'any other aJult use measured from
the point of nublic �ccess amon�; the buildin�s housin� such uses. Tliat nonrestricted portion of anv parcels or buildin�,s not included within
�i��ortion of Ihe nbove refercnced 1000 faal or 500 fool setb�ck �reas may be used 1'or ndult uscs.
b. "1'he ciry may, using Process IV, approve this usc regardless of ils proximiry to the uses and zones specilicJ in pnrngra�ph I a. (G) above,
based on the foilowing crileria:
I) 7lie exlent to which the topography or physical features of the area woulJ result in effcclive scparotion in tern�s of visibility and acccss;
See notes l, 3& 6 2) The compatibility of the proposed used widi nearby uses;
3) The lack of a�ailabiliq� of alternative locations for the proposed use, based on the requirements of paragraph la. above;
A) The availability of tr�nsportation routcs to allow motorists and pedestrians lo avoid Ihc proposed use if tliey wish to do so.
2. The Ciry may, using Process IV, modify required yard, hcight, landscape and buffer and o�hcr site design and dimensional requirements for
a proposed devclopmeiil that meets the following critcria:
a. '1'he proposed development will be consislcm wiih �he adopled comprehcnsive plan policics 1'or (his zone; nnd
b. The proposed development will be consistent widi applicable design guidelines; and
a Tlie street utilities and other infrastructure in the area are adequate ro support the proposed development.
3. If any portion of a shlicture on Ihe subject property is within 100 feet of a residential zone, then that portion of the structure shall not exceed
30 feet above average building elevation and the structure shall be set back a minimum of 20 feet from the property line of die residential
zone.
4. No maximum lot coverage is established. Instead, the buildable area will be detennined by other site development requirements, i.e.,
required buffers, parking lot landscaping, sudace water facilities, etc.
5. For communiry design guidelines that apply to the project, see Article XIX.
6. For landscaping requirements that apply to the project, see Article XVII.
7. For sign requirements that apply to the project, see Article XVIII.
8. Refer to Sec. 22-946 et seq. to detertnine what other provisions of this chapter may apply to the subject properly.
Process I, II, III and IV are described in For other infonnation about parking and parking areas, see § 22-1376 et seq.
§� 22-386-22-41 I,
L-431-22-460, Por details of what may exceed this height limit, see § 22-104G et. seq.
22-476-22-498 respectively.
For details regarding required yards, see � 22-1 131 et seq.
(Ord. No. 90-4;, § 2(50.45),2-27-90; Ord. No. 93-170, § 7(Gxh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 97-291, § 3, 4-1-97)
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