Ordinance 2203-97 - Laserfiche WebLink

• • WHEREAS,the City Council has considered the proposed policy 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, as required by the Growth Management Act; 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 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 that the proposed amendments to the policies of the Comprehensive Plan for adult use businesses are consistent with the requirements of the Growth Management Act, consistent with the Vision 2020 Growth and Transportation Strategy, consistent with the Snohomish County County-Wide Planning Policies, and consistent with other policies of the Comprehensive Plan; and WHEREAS,the City Council incorporates herein by reference Resolution No. 4264 and the recitals in Ordinance No. 2177-96; 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, the City Council finds that by the adoption of this ordinance it finalizes the emergency measure of the comprehensive plan policies related to adult use businesses adopted in Ordinance No. 2143-96 and makes the policies permanent; and WHEREAS, the City Council finds as it relates to Ordinance No. 2143-96, 2177-96 and this Ordinance that the text amendments are based upon consideration of the following: 1. Circumstances which have changed since the Comprehensive Plan was adopted in 1994 which support the amendments to the Land Use Element policies include the Snohomish County Superior Court decision in Wallock v. City of Everett, which found Everett's comprehensive plan unconstitutional as it relates to adult use businesses, and that the constitutional deficiency could be easily remedied by amending the comprehensive plan; 2. The amendments to the Land Use Element policies for adult use businesses and the finalizing of the emergency measure set forth in Ordinance No. 2143-96 promote a more desirable growth pattern for the City as a whole by providing for adult use businesses 2