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Resolution No. 2008-13

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City Council meeting minutes of April 21 2008

RESOLUTION NO. 2008-13

          
A Resolution of the City Council of the City of Lakewood, Washington, setting forth specific findings of fact in support of the Interim Zoning Controls Upon Eating and Drinking Establishments, as established in Ordinance No. 472
 
          WHEREAS, on March 17, 2008, the City Council of the City of Lakewood, Washington, adopted Ordinance No. 472, thereby establishing Interim Zoning Controls Upon Eating and Drinking Establishments located within the City; and,
          WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, a public hearing must be set within sixty (60) days after the adoption of this interim zoning ordinance and findings of fact supporting this interim zoning ordinance must be adopted immediately after this public hearing; and,
          WHEREAS, a duly noticed and properly held public hearing was conducted on April 21, 2008, at which time the City Council heard and considered testimony regarding the Interim Zoning Controls Upon Eating and Drinking Establishments; and,
WHEREAS, pursuant to the police power authority granted to the City through the Constitution of the State of Washington, in the interest of protecting the public health, safety and welfare through appropriate zoning and land use controls, the City of Lakewood City Council does hereby establish findings of fact supporting the interim zoning controls created in Ordinance No. 472; and,
WHEREAS, the City Council does further direct that these interim zoning controls shall remain in effect while the City studies further potential legislative action that might limit, modify or control the size of eating and drinking establishments within certain zoning districts under the City?s authority and control.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD,
WASHINGTON, DO RESOLVE AS FOLLOWS:
 

Section 1.      Findings of Fact. The City Council does find that sufficient facts exist, as were established at a public hearing held on April 21, 2008, to continue the Interim Zoning Controls Upon Eating and Drinking Establishments established in Ordinance No. 472.  Specific findings of fact are attached hereto, marked as ?Exhibit A,? and incorporated herein by this reference.
Section 2.      Severability.  If any sections, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance or its application to any other person, property or circumstance.
Section 3.      Effective Date.  That, upon passage and signatures hereon, this Resolution shall be in full force and effect upon passage and signatures hereon.
RESOLVED by the City Council this 21st day of April, 2008.
                                                          CITY OF LAKEWOOD
 
____________________________________
Douglas G. Richardson, Mayor
Attest:
 
 
_______________________________   
Alice M. Bush, MMC, City Clerk
 
Approved as to Form:
 
 
_______________________________
Heidi Wachter
, City Attorney