Loading...
Ordinance 30670006.150.084 PAO /gjz 10/12/95 R:02 /14 /96pao ORDINANCE NO. 3067 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO JUSTIFY A SIX -MONTH EXTENSION OF A SIX -MONTH MORATORIUM ON BUSINESS LICENSES, BUILDING PERMITS AND OTHER FORMS OF DEVELOPMENTS REGARDING ADULT ENTERTAINMENT, AND ALSO IMPOSING A SIX -MONTH EXTENSION OF THE MORATORIUM, PURSUANT TO RCW 36.70A.390, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on April 25, 1995, the City Council imposed a six -month moratorium on business licenses, building permits and other forms of development permits with regard to adult entertainment, all as provided in Ordinance: No. 3019; and WHEREAS, RCW 36.70A.390 permits six -month extensions of zoning moratoria adopted under RCW 36.70A.390 if a public hearing is held and findings of fact are made prior to each extension; and WHEREAS, Edmonds Ordinance No. 3049 extended the moratorium an additional six months to April 25, 1996; and WHEREAS, a public hearing was held on February 20, 1996 for the extension of the moratorium an additional six months to October 25, 1996; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 114013.10 -1- Section 1. As required by RCW 36.70A.390, the City Council hereby adopts the following findings of fact to support the extension of the City's six -month moratorium on adult oriented businesses as initially imposed in Ordinance No. 3019. A. Secondaa Effects of Adult Entertainment Businesses and Uses. The City Council is not aware of the operation of any adult entertainment use or business in the City of Edmonds, however, other cities in the United States have found that adult entertainment businesses and uses in their jurisdictions have secondary land use impacts which necessitated the adoption of regulatory ordinances to ameliorate the deleterious effects of these types of uses or businesses. These cities have documented the following non - exhaustive list of secondary land use impacts associated with adult entertainment uses and businesses: 1. Incidence of Crime. a. increase in property crimes such as theft and robberies; b. increase in crimes against a person such as rapes and indecent liberties; C. adult businesses require more police response and protection, thereby reducing the availability of police services to other areas of the city; and d. increase in other types of crimes such as sale of controlled substances, prostitution, and exploitation of minors. 2. Impacts on Property Values. a. adult businesses cause "blight;" b. adult businesses cause skid -road effect; C. residents or shoppers in the city will move or shop elsewhere if adult entertainment uses are allowed to locate in close proximity to residential uses; churches, parks, schools and other public facilities; d. location of adult entertainment uses in close proximity to residential uses, churches, parks, schools and other public 114013.10 -2- facilities will reduce retail trade to commercial uses in the vicinity, reducing tax revenues to the City; e. increased traffic; L patrons of adult businesses are less likely to uphold or respect community standards; g. 'excessive noise associated with -adult businesses; h. litter associated with adult businesses; i. exposure and visibility of adult businesses to school -age children is detrimental to quality of residential life; j. adult businesses adversely affect the family orientation of a neighborhood; k. ration of adult businesses within walking distance of churches and other religious facilities will have an adverse effect upon the ministry of such .churches and will discourage attendance at such churches; 1. location of adult businesses on the main commercial thoroughfares of the City gives an impression of legitimacy to, and causes a loss of sensitivity to the adverse effect of pornography upon children, established family relations, respect for the marital relationship and the concept of non - aggressive consensual sexual relations; and m. location of adult businesses in close proximity to residential uses, churches, parks, schools and other public facilities will cause a degradation of the community standard of morality, because pornographic material has a degrading effect upon the relationship between spouses. The City Council finds that because the above secondary land use impacts have been associated with adult entertainment businesses and uses in other cities, there is sufficient reason for the Council to believe that these impacts may also accompany the operation of any adult entertainment businesses or uses in the City of Edmonds. Therefore, the Council finds the imposition of a moratorium for the purpose of studying the secondary land use impacts in a manner in which the uses and businesses should be 114013.10 -3- regulated is necessary now, before any adult entertainment use or business either locates, or attempts to operate in the City. B. Existing City Ordinance. At the present time, the City's ordinances do. not appear to adequately address the siting or operation of adult entertainment businesses or uses. There also may be a constitutional deficiency in the City's current regulations of adult uses. As a result, if an adult entertainment business were to locate or operate in the City of Edmonds, the City's existing regulations would not adequately address the above secondary land use impacts, which other cities have found to be associated with the business or use. The City's existing regulations also could be successfully challenged on constitutional grounds. Thus, all of the City's existing regulations could be undermined by the challenges. The City Council finds that in the interest of the public's health, safety and welfare, there is a need to study these businesses and uses, and to determine the appropriate manner of regulating any secondary impacts. C. Need to Preserve the Status. Since there is a possibility that an adult entertainment business or use could attempt to locate or operate within the City before the City has adequate time to study and adopt the appropriate regulations, the moratorium is necessary to preserve the status quo. The City Council finds that the proper time to develop and adopt adult entertainment regulations is prior to the location and operation of an adult entertainment business or use in the City, so that any vested rights will not be affected. D. Necessity for Extension of Six-Month Moratorium. Due to demands made by the Growth Management Act, Regulatory Reform and Referendum 48, the City Attorney's office has not had the time to invest adequate attention to the preparation of an adult entertainment ordinance. Also, the Edmonds City Attorney's office has been accumulating statistics from local law enforcement agencies on the secondary impacts of adult entertainment and the Edmonds City Attorney's office has not been able to complete the acquisition of these statistics within the initial six-month moratorium period. Since most, if not all, of the data on the secondary impacts of adult entertainment is only available from other states, the availability of local statistics would be of significant assistance to the City of Edmonds in formulating an adult entertainment ordinance tailored to address secondary impacts in the Puget Sound area. The City Attorney's office has also enlisted the assistance of a specialist in adult entertainment legislation in order to expedite the preparation of an adult entertainment ordinance. 114013.10 -4- Section 2. Extension of Moratorium For an Additional Six Months. The moratorium on business licenses, building permits and other forms of development permits with regard to adult entertainment adopted by Ordinance No. 3019 of the City of Edmonds shall remain in effect for an additional six months from the date of expiration identified in Ordinance No. 3049, or until the Council adopts new adult entertainment regulations, whichever is sooner. The Planning Division and Planning Board are directed to draft, consider and bring forth adult entertainment regulations for considerations by the City Council no later than September 3, 1996. Section 3. Severbility. If any section, sentence, clause or phrase of this ordinance 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 ordinance. Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, BARBARA S. FkJ Y AAM ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE 114013.10 -5- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: I 1 FILED WITH THE CITY CLERK: 2/16/96 PASSED BY THE CITY COUNCIL: 2/20/96 PUBLISHED: 2/25/96 EFFECTIVE DATE: 3/1/96 ORDINANCE NO. 3067 11401330 -6- SUMMARY OF ORDINANCE NO. 3067 of the City of Edmonds, Washington On the 20thday of February , 199 6 , the City Council of the City of Edmonds, passed Ordinance No. 3067 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO JUSTIFY A SIX -MONTH EXTENSION OF A SIX -MONTH MORATORIUM ON BUSINESS LICENSES, BUILDING PERMITS AND OTHER FORMS OF DEVELOPMENTS REGARDING ADULT ENTERTAINMENT, AND ALSO IMPOSING A SIX -MONTH EXTENSION OF THE MORATORIUM, PURSUANT TO RCW 36.70A.390, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21st day of February , 199 6 . J"" d' uw-./ ITY CLERK, SANDRA S. CHASE 84 Time, Place, and Manner Regulation of Business Activity AUSTIN CITY COUNCIL MAYOR Frank C. Cooksey MAYOR PRO TEM John Trevino, Jr. COUNCIL MEMBERS. Mark Rose Smoot Carl - Mitchell Sally Shipman George Humphrey Charles E. Urdy CITY MANAGER Jorge Carrasco REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN Prepared By Office of Land Development Services May 19, 1986 City of Austin gg Time, Place, and Manner Regulation of Business Activity SUP'QWY Purpose This report provides the basis for development of an amendment to the Austin zoning ordinance regulating adult businesses. Austin's current adult business zoning ordinance was permanently enjoined from being enforced in January, 1985 when Taurus Enterprises sued over a "Code Violation Notice ", issued by the City. The violation occurred because a bookstore was located within 1000 feet of property zoned and used for residential proposes. Existing Research and Legal Basis The first portion of the study examines existing research concerning the impact of adult business on crime rates and property values. Results from these studies contain-similar findings - crime rates are higher and property values lower near adult oriented businesses. Despite the negative impacts, regulation of adult businesses must respect constitutional rights of owners and patrons. Therefore an overview of pertinent legal and constitutional issues is also provided. Existing Adult Businesses in Austin Austin has 49 adult oriented businesses, consisting primarily of bookstores, aters, massage parlors, and topless bars. Generally, these businesses are located in an area between Lamar Boulevard and Interstate Highway 35. Analysis of the Impacts of Adult Businesses in Austin An analysis of crime rates was conducted by comparing areas with adult businesses (study areas) to areas without adult businesses (control areas). Both control and study areas are circular in shape with a 1,000 foot radius, contain similar land uses, and are in close proximity to one another. Four study areas were defined: two with single businesses and two with more than one business. within the study areas, sex - related crimes nme found to be from two to ngarly five m ng _­times the cit -wide avee../ Also, sex -re crime rates were 'found toe- �6igfier`in study areas with two adult businesses compared to study areas with only one business. int - ocd" tv assess; trio: i�apas 1"1 bus sses pro t p, . gwsti c�sa� wen sidled s �pp & - firms'.=�"�'Lr1qhte*Jgbt.,. pe �- s iBd#'tate ar�el that., ass.: adult,: ;._ - bookstore would- decrease.. residential. prog itt ;xva 1 withirV,'am blocle .'and: 59i. 'felt thalt residentf t Vi als decreasewti w�this� ths� oe "'"` 1 P t sed their opinions several`- 'tactors: They noted that adult businesses evade homes less attractive to families, thus lowering demand and property values. others stated that the existence of adult businesses leads mortgage underwriters to believe that the neighborhood is in decline, thus making, 9SWfinancinq difficult 7,. Appendix B 91 CHAPTER II SUMMARY OF EXISTING RESEARCH This chapter presents a brief overview of existing research and regulations written to address adult oriented businesses in various parts of the country. An understanding of the effects of adult oriented businesses on surrounding properties and the legal basis for regulations controling such businesses is critical in developing an ordinance for Austin. A. ANALYSIS OF EXISTING RESEARCH Amarillo, Texas The City of Amarillo's study, A Report on Zonin and Other Methods of Regulating Adult Entertainment Uses in Amarillo, concl a that a u t entertainment uses are distinguishable from other businesses in that they have negative impacts- on surrounding land uses. The study established a relationship between high crime rates and proximity to adult businesses. Furthermore, the study found that the late operating hours of most adult businesses created special problems to surrounding neighborhoods in the form of noise, glare, and, traffic. Beaumont, Texas A planning department study done for the Charlton- Pollard Neighborhood in Beaumont, Texas investigated the effect of adult businesses on economic decline and crime. The study concluded that the concentration of adult businesses drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug use, and muggings. Indianapolis, Indiana In February, 1984, the Division of Planning in Indianapolis published a report titled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the resu is of an evaluation of the impact of adult business upon surrounding areas in terms of crime rates and real estate values. The study assessed the impact of adult entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. A comparison of these areas revealed that sex - related crime rates were 77 percent higher in areas containing adult businesses. 92 Time, Place, and Manner Regulation of Business Activity Tile second portion of the study evaluated the impact of adult businesses on real estate values by surveying professional real estate appraisers. Two surveys were conducted. The first surveyed opinions of members of the American Institute of Real Estate Appraisers practicing in 22 metropolitan areas similar in size metto Indianapolis. The second survey was a 201 random sample ar at a In the metropolitan area survey, 781 of those national level. values would decrease if surveyed felt that residential property ock of an adult business. The national survey located within one bl felt generated similar results if locatedewithinyadblock ofsaneadult property values woul d decrease business. Los Angeles, California The Department of City Planning for Los Angeles published a report in June, 1977 entitled Stud r of the-Effects of the Concentration of Adult Entertainment Establishments in the City of Los Ange es. An evaluation of the impact of adult businesses on both crime rates and property values was conducted. Grime rates were evaluated by comparing the Hollywood area with remainder because oaf tits thigh Hollywood was selected as a study concentration of adult businesses. The study focused on the years 1969 to 1975, during which the number Of adult businesses increased from 11 to 88 establishments. The study indicated that prostitution arrests in the Hollywood area were 15 times greater than the city average. Like the Indianapolis report, the Los Angeles study surveyed real estate appraisers to assess the impact of adult businesses on property values. Over 901 of those surveyed felt that the concentration of adult businesses would decrease the market value of private residences located within 1000 feet of the adult business. Eighty -seven percent indicated that the concentration of adult businesses would decrease the market value of business property located in the vicinity of such establishments. Los Angeles County, California In April, 1978, the Department of Regional Planning of the County of Los Angeles published a study entitled Adult Entertainment study and w nt Proposed Zoning Ordinance Amendment. In officers were surveyed. Responses from the surveys indicated that areas with a concentration of adult businesses have a higher incidence of public intoxication,' theft, assault, disturbing the peace, and ling sex - related vice. Respondents icst e studios, and massage pa caused the mo individual problems. Appendix B • Phoenix, Arizona Vic city of Phoenix study investigated the incidence of crime by comparing three study areas containing adult businesses with three control areas without adult businesses. They concluded that crimes were 43 percent higher, violent crimes were 4 percent higher, and sex related crimes were over 500 percent higher in the study areas. St. Paul Minnesota The planning department in St. Paul conducted a study entitled Effects on Surrounding Area of Adult Entertainment Businesses. The study found that there was a statistically significant correlation between diminished housing values and crime rates and the location of adult businesses. The study also concluded that there was a stronger correlation with neighborhood deterioration after the establishment of an adult business. 93 Appendix B 121 j CHAPTER IV is CONCLUSIONS A. CRIME RATES The results of this study indicate that there can be significant detrimental impacts on neighborhoods located near adult businesses. An analysis of sex - related crime rates in areas with adult businesses (Study Areas) revealed rates approximately two to five times higher than city -wide averages. Control Areas, which contain no adult businesses but have similar locations and land uses as the Study Areas, were found to have sex related crime rates approximately the same as city -wide rates. Moreover, sex - related crime rates in Study Areas with more than one adult business were found to be 66% higher than Study Areas with one adult business. B. PROPERTY VALUES The results of the assessment of the impact of adult businesses on property values suggests that there may be a severe decline in residential property values located within one block of an adult business site. There is an indication, based on the subjective opinions of real estate appraisers and lenders, that the introduction of an adult business into an area adjacent to -family- oriented, owner- occupied residential neighborhoods may precipitate a transition to a more transient, renter - occupied neighborhood. The results of the • survey of appraisers and lenders closely parallels the results of a similar survey conducted in Los Angeles, California and nationwide surveys conducted by the Division of Planning in Indianapolis, Indiana. C. TRADE AREA CHARACTERISTICS The analysis of the trade area characteristics of the adult business sites indicates that these businesses draw a substantial portion of their clientele from outside the immediate area in which they are located, and a sizable percentage of their clientele appear to reside outside the Austin area. From a land use standpoint, these businesses exhibit characteristics similar to other regionally oriented commercial service businesses. by government a COUNTI UNTIES ,grin this section grants a P iv protected b 36.70f�.41� g compliance with e private Part e right Bess., ch. 32 Y the (c) Prepare and circulate to counties and cities such instructional manuals § 18 the p ovisions of this secti other information derived from the pilot projects as will assist all counties eff. July 16, 1991. d cities in meeting the requirements and objectives of chapter 43.21C RCW 1 of designation date the most expeditious and efficient manner in the process of considering ;tend the date b mprehensive plans pursuant to this chapter. lands, forest y which a county or city is 2.e (5) The department shall submit a final report to the legislature no later 36.70A.170, or lands, mineral quir an December 31, 1995. the date b recap resource lands, a nacted by Laws 1991, Sp.Sess., ch. 32, § 20, eff. July 16, 1991. Amended by Laws ids and critical areas y which 3 that it is under RCW unty or city 995, ch. 399, § 43. r° meet proceeding in an 36.70A.060, if t these requirements. °rderly fashion hundred eighty days An extension � and 6.70A.390. Moratoria, interim zoning controls — Public hearing - 'lty of the y The length may Limitation on length— Exceptions ch. 32 , effort to cpnform Wi h heseer quir A county or city governing body that adopts a moratorium, interim zoning § 39, eff. July 16, 1991. ap, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim al Planning Pilot zoning ordinance, or interim official control, shall hold a public hearing on the -° determ- Projects adopted moratorium, interim zoning map, interim zoning ordinance, or interim er 43.2IC RCW whether the env' official control within_ at least sixty days of its adoption, whether or not the ironmental review governing body received a recommendation on the matter from the planning when applied to COaY be enhanced when sh comprehensive and simpli, commission or department. If the governing body does not adopt findings of all undertake pilot Plans mandat• fact justifying its action before this hearing, then the governing body shall do �e review process can be i ProJeCts on environ. so immediately after this public hearing. A moratorium, interim zoning map, 19 duplicative envfron mproped by fostering interim zoning ordinance, or interim official control adopted under this section approving Com mental anal} sic which is may be effective for not longer than six months, but may be effective for up to should fined and plans pursuant to y P p be desi one year if a work plan is developed for related studies providing for such a .1 Plan decisions scoped to Consider longer period. A moratorium, interim zoning map, interim zoning ordinance, Urisdictions , Plan impacts on 'Abse , and Similar factors In vironmen- or interim official control may be renewed for one or more six-month periods if quent specific projects sufficient a subsequent public hearing is held and findings of fact are made prior to each being carried renewal. sizes d out the department to This section does not apply to the designation of critical areas, a ;, counties, and establish gricultural Alot other interested, a Copper_ lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and nal Pr0JectS' one of which shall Parties, at the conservation of these lands and protection of these areas under RCW suant nproject environmental be ith a 36.70A.060, prior to such actions being taken in a comprehensive plan adopted iron. to this chapter, analvs- of under RCW 36.70A.070 and implementing development regulations adopted The department ma the purposes under RCW 36.70A.120, .if a public hearing is held on such proposed. actions. ; comprehensive play if thaty select appro- Enacted by Laws 1992, ch. 207, § 6. e the requirements of chaptbrs432 serve !project 36.70A.400. Accessory apartments the !project �onmental analysis Any local government, as defined in RCW 43.63A.215, that is planning under adopted pursuant Any this chapter shall comply with RCW 43.63A.215(3). } 193, the de to Chapter Enacted by Laws 1993, ch. 478, Ls under partment shall this section regarding the 36.70A.410. Treatment of residential structures occupied by per- I l analysis for the approval prepay_ Pproval process of sons with handicaps findings gs to the le No county or city that plans or elects to plan under this chapter may enact including the ne i� egislature with or maintain an ordinance, development regulation, zoning regulation or official if any, for further control Policy, or administrative practice which .treats a residential structure ales or occupied by persons with handicaps differently than a similar residential ing requirements as may be appropri_ section "occupied a aps" are as defined in the federal housing As used in this ans; and Of chapter g amendments act 43.21C of 1988 (42 U.S.C. Sec. 3602). Enacted by Laws 1993, ch. 478, § 23. 39 STATE OF WASHINGTON, ss COUNTY OF SNOHODUSH, SUMMARY OF 1 ORDINANCE NO. 3067 of the City of Edmonds, Washington On the 20th day of February, ' 1996, the City Council of the City of Edmonds, ppassed f Ordinance No. 3067. A Bum - f mary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS WASH- AD • INGS OF FACTO TO JUSTIFY A The full text of this Ordi- nance will be mailed upon regosl. DATED this 21st day of f Februaryy 1996. SAN15RA S. CHASE City Clerk Published: February 25, 1996_ a -2 -t Affidavit of Publication RECEIVED FEB 2 8 1996 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Ordinance 3067 .1................................... ....City of Edmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ..... Februar.... 5.,...1,9 96.......... -- • ......... ...... ................. ......................... ...... ............ ...... '.............................. :........................ �.:.:............... ......................--- - - - - -- and at aid newspaper was regularly tributed —to its subscribers during a of said period. 1 Clerk Subscribed and sworn to before me this ..... 2.6th............ day o oresidliingi�atterett, February - ---•- • ... ........... 19.96 . .... .................... • ... -- - -- y in and for the ate o Washington, Snohomi Co ty. .7A NARY ) P-6'S L 2 \9'A 5 -19 -98 A0 \OF WASA\��i