Ordinance 2204-97 - Laserfiche WebLink

• WHEREAS, the City's timetable for finalizing the emergency Zoning Code provisions for adult use businesses and making them permanent coincides with the City of Everett's second annual comprehensive plan amendment process; and WHEREAS,the concurrence of the Adult Use Business zoning regulations amendment process and the Annual Update to the Comprehensive Plan has enabled the City Council to consider the proposed Zoning Code amendments for adult use businesses together with all of the proposed annual Comprehensive Plan Land Use Map and Policy amendments and implementing rezones, so that the cumulative effects of all amendments have been fully ascertained; and WHEREAS, the City Council held a public workshop on February 5, 1997, and public hearings on February 12, 1997 and February 19, 1997, to consider the recommendations of the Planning Commission concerning various amendments to the text and policies of the Everett Comprehensive Plan, including policies and Zoning Code regulations for adult use businesses, as well as amendments to the Land Use Map and the rezoning of specific properties to implement the Comprehensive Plan; and WHEREAS,the City Council finds as it relates to Ordinance No. 2144-96, Ordinance No. 2178-96 and this ordinance: 1. That the amendments to the Zoning Code regulations for adult use businesses are consistent with the policies of the Comprehensive Plan; 2. That the amendments to the Zoning Code regulations for adult use businesses bear a substantial relation to public health, safety and welfare; 3. That the amendments to the Zoning Code regulations for adult use businesses promote the best long term interests of the Everett Community; and WHEREAS,the City Council incorporates herein by reference Resolution No. 4264 and the recitals in Ordinance No. 2178-96; and WHEREAS,the City Council finds that the circumstances giving rise to the findings in the above referenced resolution and ordinance are continuing in nature and the litigation referenced therein(Wallock v. City of Everett(State Court Litigation), Deja Vu v. City.of Everett and Wallock v. City of Everett(Federal Court Litigation), Wallock v. City of Everett and Wallock and Deja Vu v. City of Everett(Growth Hearings Board)) is still pending. Therefore,the emergency created by the ongoing litigation continues; and WHEREAS, proponents of adult use businesses have challenged the City's adult use ordinances before the Central Puget Sound Growth Management Hearings Board and in State and Federal Court; and 2