2005/06/15 Council Agenda Packet

EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET PROJECT TITLE: Consent COUNCIL BILL # Ordinance amending Zoning Action Originating Department Planning Code Ordinance No. 1671-89, 6-01-05 First Reading Contact Person Allan Giffen as amended (EMC Title 19), 6-08-05 Second Reading Phone Number 425 257-8725 relating to the location of adult 6-15-05 Third Reading FOR AGENDA OF June 1, 8, & 15 retail business uses. 6-15-05 Public Hearing Initialed by: Department Head CAA Council President Location PrecedinjZ Action Attachments Department(s) Approval City Council enacted Ordinance Legal, City-wide moratorium 7-21-04 Planning Amount Budgeted N/A Expenditure Required N/A Account Number(s): N/A Budget Remaining N/A Additional Required N/A DETAILED SUMMARY STATEMENT: On July 21, 2004, City Council enacted a moratorium on the establishment of adult retail businesses in order to give the City time to study planning and legal issues related to the siting of adult retail businesses. The Planning Commission conducted public workshops on September 7, 2004 and October 19, 2004, and held a public hearing on March 8, 2005. The Planning Commission also reviewed an extensive record of studies and court decisions in consideration of establishing land use regulations for adult retail business uses in Everett. Staff identified several alternatives and conducted mapping exercises to identify how various alternatives could affect the potential for siting adult retail businesses in the community. The record reviewed by the Planning Commission, the Planning Commission minutes and packets, and Planning Commission resolution have been provided to the City Council offices. After considering a substantial body of information and public testimony, the Planning Commission has recommended that land use regulations be enacted that prohibit adult retail uses within 1,000 feet of other adult retail businesses, within 250 feet of public libraries, public parks or playgrounds, public or private schools up to 12`h grade, nursery schools and day care centers, places of religious worship, lots in residential zones, and in the downtown and Broadway areas in which adult entertainment uses and mini -casinos are prohibited. The proposed regulations will not apply to legally established adult retail businesses in existence in Everett as of June 1, 2005. RECOMMENDATION (Exact action requested of Council): Adopt Ordinance amending Zoning Code Ordinance No. 1671-89, as amended (EMC Title 19), relating to the location of adult retail business uses. 87