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ORDINANCE NO. 3477
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.
WHEREAS, on July 17, 2000, the City Council imposed a one year
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. 3428; and
WHEREAS, RCW 35A.63.220 requires that the City Council hold a
public hearing on the moratorium to continue the imposition of the
moratorium; and
WHEREAS, on July 2, 2001, 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 35A.63.220, 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.
3428
A. Secondary Effects of Community Service Facilities. The City
Council is aware that operations of certain community service
facilities have secondary land use impacts which necessitated 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, 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;
Business owners report an increase in loitering,
panhandling 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 building 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, pubic 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 to
public image and business investment.
The Pasco City Planning Commission conducted a public
hearing on May 17, 2001 to receive public testimony on
proposed regulations to ameliorate the deleterious effects
secondary land use impacts of Community Service
Facilities. Public testimony indicated further work was
required on the proposed regulations. Several testimonies
specifically requested the proposal be sent back to the
Planning Commission for further study
Therefore, the City Council finds the imposition of a moratorium for the
purpose of studying these secondary land use impacts and the matter 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 Association Boundaries. Therefore, the
moratorium previously established by Ordinance No. 3428 shall continue in
effect for the time period of six months.
B. Existing_ City Ordinances. At the present time, the City's
ordinances do not appear to adequately address the siting of
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 City 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 issuance of applications for the location and operation of
community service facilities adopted by Ordinance No. 3428 of the City of
Pasco shall remain in effect and extended fore a period of six months 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 prior to the
expiration of the moratorium.
Section 3. Applicability_This moratorium shall apply to all lands within
the Pasco Downtown Development Association Boundaries as depicted in
Exhibit NO. 1 attached hereto.
Section 4. 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 5. This ordinance shall become effective five (5) days after
passage and publication.
PASSED THIS 2"' day of July, 2001, by the Pasco City Council at its
regular meeting.
APPROVED:
Michael Garrison, Mayor
ATTEST/AUTHENTICATED: APPROVED AS TO FORM:
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Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney