The URL can be used to link to this page

Home My WebLink About3428 Ordinance ORDINANCE NO. 3428 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADOPTING FINDINGS OF FACT TO JUSTIFY THE CONTINUED IMPOSITION AND EXTENSION OF A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SPECIAL USE PERMITS, BUILDING PERMITS, LOCATION CHANGES AND LICENSES FOR COMMUNITY SERVICE FACILITIES REQUIRED BY RCW. 36.70A.390. WHEREAS, on June 5, 2000, the City Council imposed a six month moratorium on the City's acceptance and approval of all applications for special use permits, building permits, location changes and licenses for community service facilities, all as provided in Ordinance No. 3423; and WHEREAS, RCW 36.70A.390 requires that the City Council hold a public hearing on the moratorium within 60 days of its adoption, and that immediately thereafter, the City Council, must adopt findings of fact to justify the continued imposition of the moratorium; and WHEREAS, on July 17, 2000, the City Council held a public hearing on the Community Services moratorium during which time it heard testimony from the public and City staff, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. As required by RCW 36.70A.390, the City Council hereby adopts the following findings of fact to support the continued imposition and extension of the City's moratorium on the acceptance and approval of applications for special use permits, building permits, location changes and licenses for community service facilities, all as provided in Ordinance No 3423. A. Secondary Effects of Community Service Facilities. The City Council is aware that the operations of certain community service facilities have secondary land use impacts, which necessitate the adoption of regulatory ordinances to ameliorate the deleterious effects of these types of uses. Other cities have also documented secondary land use impacts associated with community service facilities. The following is a listing of associated impacts noted by the City of Pasco and Minneapolis, Minnesota, Denver, Colorado and other cities in the country: Patrons of community meal programs have harassed nearby residents, slept and defecated in their yards and broken into their homes; r Business owners report an increase in loitering, pan handling and robberies near soup kitchens; Alleys become dumping grounds for unwanted food items on food bank distribution days which attracts rodents and creates disposal problems for property owners; According to a 1999 study of the Interagency Council on the Homeless 46 percent of homeless shelter patrons are plagued with chronic health problems; Patrons loitering around some community service facilities exhibit offensive public behavior in the form of public urination, public defecation, and public drunkenness; Patrons to certain community service facilities are responsible for vandalism and damage to nearby properties; The City of Pasco was required to demolish the old Cunningham Hotel, the French Quarters building and others that had been rendered dangerous by activities of patrons of community service facilities; Patrons of community service facilities have been known to set up temporary housing (squatters camps) on vacant property and vacant buildings creating health and safety concerns for the community; Other cities in the country have found it necessary to enact laws to control the secondary affects of community service facilities to protect public health, public safety, prevent crime, preserve economic vitality and to maintain aesthetic qualities all necessary for a vibrant healthy community; In 1988 the City Council adopted zoning regulations to control certain land-use uses, one of which was community service facilities, within the Central Business District that had a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental the public image and business investment. Therefore, the City Council finds the imposition of a moratorium for the purpose of studying these secondary land use impacts and the manner in which community service facilities should be regulated is necessary now, before additional community service facilities either locate or attempt to relocate in the Pasco Downtown Development Association Boundaries. Therefore, the moratorium initially established by Ordinance No. 3423 shall continue in effect for the time period of one year. B. Existing City Ordinances. At the present time, the City's ordinances do not appear to adequately address the siting or community service facilities. The City Council finds that in the interests of the public health, safety and welfare, there is a need to study community service facilities, and to determine the appropriate manner of regulating any secondary impacts. C. Need to Preserve the Status Quo. Since there is a possibility that additional community service facilities may attempt to locate or operate within the Pasco Downtown Development Association Boundaries before the City has adequate time to study and adopt regulations, the moratorium is necessary to preserve the status quo. The City Council finds that the proper time to develop and adopt regulations is prior to the location and operation of any new community service facilities, so that any vested rights will not be affected. Section 2. Moratorium to Remain in Effect. The moratorium on the acceptance and approval of applications for special use permits, building permits, location changes, and licenses for community service facilities adopted by Ordinance No. 3423 shall remain in effect and be extended for a period of one year or until the City Council completes adoption of necessary regulations, whichever is sooner. The Planning Department and Planning Commission are directed to draft, consider and bring forth recommended regulations for consideration by the City Council generally following the proposed work plan attached hereto which plan may be amended from time to time with approval of the City Council. Section 3. Severability. If any section, sentence, clause or phase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. This ordinance shall become effective five (5) days after passage and publication. PASSED THIS 17th day of July, 2000, by the Pasco City Council at its regular meeting. APPROVED: Michael L. Garrison, Mayor ATTEST: APP R S TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney CITY OF PASCO WORK PROGRAM TO DEVELOP AMENDMENTS TO THE ZONING REGULATIONS CONCERNING COMMUNITY SERVICE FACILITIES TASK TARGET DATE 1. Preliminary PDDA report to July 24, 2000 City Council on development Strategies 2. Final PDDA report and recommendation August 21, 2000 to City Council 3. Planning Staff gathers information Sept-Oct, 2000 on community service facilities 4. Police and Fire Departments provide November 6, 2000 data and information to Planning staff on secondary land use and community impacts resulting from community service facilities 5. Planning Staff receives input from City's November 27, 2000 legal counsel on applicable court cases and legal matters related to land use regulations for community service facilities. 6. Planning staff review of zoning December 15, 2000 regulations as they relate to community service facilities 7. Planning Commission holds public January 18, 2001 Hearing to gather testimony on secondary Land use impacts related to community service facilities 8. Planning Commission holds a workshop February 15, 2001 to review data and information developed in Tasks 1 through 7 and provide directions to the Planning staff 19. Planning staff prepares preliminary code March 2, 2001 language 10. Planning Commission holds a workshop March 15, 2001 to review preliminary code amendment language 11. Planning staff refines proposed April 13, 2001 code amendment language 12. Planning Commission final May 17, 2001 Public Hearing on code amendment 13. City Council workshop to review June 1, 2001 and discuss Planning Commission recommendations 14. City Council public hearing on proposed July 2, 2001 code amendment 15. City Council adopts appropriate ordinance July 2, 2001 amendments to the municipal code 16. Staff publishes amendatory July 8, 2001 ordinances and ordinances become effective July 17, 2001 i� md�- � • 7�� Sri. A • ��E �� pal WIN • mom0 PEP NO p T r �