Resolution 4264 - Laserfiche WebLink

be made to the City' s regulations to address the issues raised as result of the Judge' s oral ruling; M- On page 21-22 of Judge Farris' oral ruling, she stated' "These decisions regarding the Comprehensive Plan and use matrix issues are dispositive in this case. However, since the Everett council could easily amend the Comprehensive Plan and the Zoning Code use matrix to remedy these constitutional deficiencies, and because the Court of Appeals may disagree with my constitutional conclusions, I am also going to make findings of fact and conclusions of law regarding the other major issue raised in this case, and that is whether or not, taking those issues aside, there are reasonable alternative avenues of communication, that is a reasonable number of sites available for adult business uses . " Subject to the court' s dispositive issues, Judge Farris found that there were sufficient alternative sites available in Everett; N- By making the changes suggested and inferred by Judge Farris' oral ruling concerning the Comprehensive Plan and Zoning Code, the infirmities in the City' s adult use zoning regulations identified by Judge Farris would be eliminated providing the City with an ordinance meeting the constitutional standards as interpreted by Judge Farris. Although not required, additional revisions to the City' s adult use zoning regulations could be made; 0- Permanent changes to the City' s Comprehensive Plan and Zoning Code are to be reviewed by the State; P- The City of Everett is a city of the first class with the authority to adopt moratoria, interim regulations and to declare emergencies . This authority includes, but is not limited to, the authority in its Charter, Article 11, Section 11 of the State Constitution, Chapter 35.22 RCW, RCW 36.70A. 390, Matson v. Clark Co. Commissioners, 79 Wn. App. 641 (1995) and Jablinske v. Snohomish County, 28 Wn. App. 848 (1981) ; Q- RCW 36. 70A. 130 (2) and WAC 365-195-630 (2) authorize comprehensive plan amendments in the case of an emergency; R- Judge Farris has yet to enter a final written order in Wallock v. City of Everett; S- Since the adoption of the moratorium, the City has not had adequate time to review and propose any significant changes to the City' s licensing of adult use businesses; T- Due to the uncertainty of how Judge Farris' ultimate order will affect the need for revisions to the City' s regulations, the City could be providing an opportunity for adult use businesses to possibly claim vested rights to locate in areas where they 3