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HomeMy WebLinkAbout3477 Ordinance r 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: 4t i Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney