1984/04/18 Council Minutes - Laserfiche WebLink

7.7 160 April 18,1984 ieliEREAS,the City Council finds that there are presently a limited number of adult Oriented entertainment land uses within the City;and NVERMBS,the City Council finds that it will take a considerable period of time in which to properly study the issue of adult oriented entertainment land uses and to develop long-term zoning regulation;and WHEREAS,the City Council finds that in order to preserve the status quo and to preclude adult oriented entertainment land uses from locating in areas in which they might have a deleterious impact whmi considering the surrounding uses as well as the City's goals and objectives,the City Council does declare that an emergency exists and that the City should adopt an interim zoning ordinance regulating adult oriented entertainment land uses pending further study of this issue and the development of a permanent ordinance;and WHEREAS,the City Council finds that in relying upon an oPininn the Washington State Court of Appeals in the case of Gablinski v. Snohomish Count,2S WM.APP.848,the adoption of an interim zoning ordinance constitutes an emergency action Pursuant to BBC and no environmental review will be performed nor will the Planning Commission be required to review the interim ordinance;and PMESEAS,the City Council finds that in adopting the interbn k zoning ordinance to regulate adult oriented entertainment land uses, the City Council is relying upon the opinions of the United States Supreme Court in the case of Young v.American Mini Theaters,427 U.S.50,and of the Supreme Court of the State of Washington the 4 case of Nortbend Cinemas v.Seattle,90 Wn.2d 709,to limit the location of adult oriented entertainment land uses to promote the City of Everett's great interest in protecting,preserving and improving the ' quality of its neighborhoods,commercial districts and the quality of ' I urban life through effective land use planning; NOW,THEREFORE,BE IT RESOLVED by the City Council that an emergency exists and that the City Council hereby declares its intent. adopt an interim zoning ordinance regulating adult oriented entertain- ment land uses within the City. Roll was called with all Councilmen voting Yees excePt Councilmzn vh°abstatne.fren voting,and Councilman Sengus,who was excused. Motion Carried COUNCIL BILL NO.844-30A ; SECOND AND FINAL READING: AM ORDINANCE establishing interim zoning for the purpose d of regulating adult oriented entertainment facilities by amending Ordinance Nos.3572 and 499-78,and declaring an emergency to exist. Councilman Pope asked if this ordinance would be coming back to Conned: for amendment regarding size/and or change in location and Hr.Derickem t replied it would be. ; Councilman Gipson asked about the binder clause and Jim/les stated this ordinance would vo longer be valid after December 31,1984