Planning Commission refers proposed adult business regulations to Council

 


Now it is the La Conner Town Council’s turn to decide how best to regulate adult businesses should one or more try to locate here.

Fortunately, the panel has received some grown-up advice.

The La Conner Planning Commission last week unanimously approved forwarding to the Council a detailed and highly restrictive framework developed with Planning Director Michael Davolio and Assistant Planner Ajah Eills based on court rulings issued in First Amendment and freedom of expression cases.

The plan limits to industrial zones on the town’s north and south ends sites where adult-oriented businesses could open in La Conner. It also encumbers such ventures with stringent permit requirements and rules of operation.

The proposed regulations prohibit use of alcohol in adult businesses. In addition, individual applicants can be denied under the plan.

Establishing regulations for business types that town leaders would prefer to ban outright is akin to a necessary evil prompted by legal precedents, Davolio said.

“It’s necessary to regulate,” Davolio said during the commission’s May 16 hybrid meeting at Maple Hall. “If we don’t establish regulations and someone comes in with a proposal, you’re in no position to regulate. It’s too late.”

The goal has been to limit to areas remote from residences and the school campus those locations where adult businesses could be permitted.

La Conner resident Amy McFeely has asked that the south end industrial zone be removed from consideration based on its proximity to public park areas and neighborhoods that would be impacted by traffic to and from any adult business there.

The north end industrial zone is located at the Port of Skagit’s La Conner Marina. Davolio said he has conferred with Port Planning and Development Director Helen Rogerson.

“Adult businesses are not consistent with their goals,” Davolio said of Port officials.

Davolio said the Town would likely face litigation if it were to designate only one area as eligible for adult businesses.

“We want to make sure,” said Davolio, “that we have enough land designated for this kind of use that we can survive a legal challenge.”

“This is doggone tight,” commissioner Bruce Bradburn told Davolio and Eills. “You’ve done a good job. If somebody is going to try to do this, they’re going to have to build a building. There will be a lot of processes involved.”

As an advisory group, commissioners can recommend but do not take formal action on the matter. The decision rests with the Town Council.

“The blame,” Davolio assured them, “won’t fall on you.”

 

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