HomeMy WebLinkAbout3514 Ordinance S l
ORDINANCE NO. 3514
AN ORDINANCE relating to land use and zoning amending
PMC Title 25 dealing with community service facilities.
WHEREAS, cities have the responsibility to regulate and control the
physical development within their borders and insure the public health, safety
and welfare are maintained; and
WHEREAS, the City of Pasco has enacted zoning regulations that
encourage orderly growth and development. These land use regulations also
further the purpose of promoting the health, safety, convenience, comfort,
prosperity and general welfare of the present and future inhabitants of the
community, and are designed;
(1) To encourage and facilitate the orderly growth and
development of the Pasco Urban Area.
(2) To provide adequate open space for light and air, to
prevent overcrowding of the land, and to lessen congestion on the
streets.
(3) To secure economy in municipal expenditures, to
facilitate adequate provisions for transportation, water, sewer,
schools, parks, and other public facilities and services.
(4) To increase the security of home life and preserve
and create a more favorable environment for citizens and visitors of
the Pasco Urban Area.
(6) To secure safety from fire, panic and other dangers.
(7) To stabilize and improve property values.
(S) To enhance the economic and cultural well being of
the inhabitants of Pasco.
(9) To promote the development of a more wholesome,
serviceable and attractive city resulting from an orderly, planned
use of resources; and
WHEREAS, in response to a request from the Downtown Business
Community the Pasco City Council did, on July 17, 2000, establish by
Ordinance, a moratorium on the issuance of licenses or permits of any kind for
Community Service Facilities within the Pasco Downtown Development
Association Boundaries; and
WHEREAS, the City of Pasco Planning Department obtained reports,
studies, articles and conducted interviews to gather information related to the
deleterious secondary land use impacts created by community service facilities;
and
WHEREAS, the City Council takes notice of and relies upon experiences
and studies conducted by other cities and organizations in attempting to
combat the specific adverse impacts of community service facilities; and
WHEREAS, the City Council recognizes that certain community facilities
can and do contribute to neighborhood deterioration and blight, increase in
crime and diminution in property valves, among other adverse consequences,
and finds that such effects are detrimental to the. health, safety and general
welfare of the City; and
WHEREAS, as of April 1, 2001 the City of Pasco occupied an area of
approximately 29 square miles; and
WHEREAS, approximately 45 percent of the land area within the City is
zoned for general commercial and industrial uses while the balance of the land
is predominately zoned for residential purposes; and
WHEREAS, the City Council finds that current locational standards for
community service facilities have improved the image of downtown, have
contributed to the reversal of downtown deterioration and have contributed to
the establishment of new businesses as identified through testimony in public
meetings; and
WHEREAS, the City Council seeks to further improve the image and
conditions of the Central Business Core of the community by reducing and
mitigating deleterious secondary effects of certain community service facilities;
and
WHEREAS, the City Council recognizes that a federal court (CLUB v. City
of Chicago) has explained that commercial and manufacturing zoning are
created to support economic development plans and that those zones may not
be available to all those that desire to use them; and
WHEREAS, the City Council finds the adoption of zoning regulations for
community service facilities to be necessary to protect the health, safety and
general welfare of the city, and to preserve and protect the Business Core of the
City for business activities, and to mitigate the impact on law enforcement
resources; and the city Council finds that it is necessary to minimize and
alleviate the harmful secondary effects of certain community service facilities
by controlling the location of such facilities through zoning. It is therefore
necessary to amend PMC Title 25; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
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Section 1. That Chapter 25.12 of the Pasco Municipal Code be and
the same is hereby amended to include a new section 25.12.457 to read as
follows:
25.12.457 Transient Hotel or Motel. "Transient Hotel or Motel" means
a facility that offers or provides housing on a daily, weekly or monthly basis to
individuals who may rely on public or private charitable assistance for support,
or provides meals with state or other assistance, or provides space for
employment counselors and social workers, or assists in the coordination
between tenants, counselors and social workers. Transient hotels and motels
may also provide assistance directly or indirectly with any type of application
form, personal counseling, day care services on or off the premises, health and
dental assistance of any kind on or off the premises, and social and health
welfare services of any kind.
Section 2. That Chapter 25.12 of the Pasco Municipal Code be and
the same is hereby amended to include a new section 25.12.312 to read as
follows:
25.12.312 Mission. "Mission" means a facility that offers or provides
temporary housing, meals, food, clothing and other commodities or any
combination thereof to the homeless and needy as its primary activities.
Section 3. That Chapter 25.12 of the Pasco Municipal Code be and
the same is hereby amended to include a new section 25.12.153 to read as
follows:
25.12.153 Community Kitchen. "Community Kitchen" means a
facility that offers or provides, meals and food to the homeless and needy as its
primary activity.
Section 4. That Section 25.12.155 of the Pasco Municipal Code be
and the same is hereby amended to read as follows:
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,
,
and ethef similar- uses whieh piFevide seeial, health, a-ad Welfa.- — .—S fef
,
25.12.155 COMMUNITY SERVICE FACILITIES LEVEL ONE.
"Community service facilities" of the level one category include, but are not
limited to, daycare centers, nursery schools, hospitals, sanitariums, non profit
community health clinics, governmental and quasi-governmental activities, and
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related uses which provide similar services for citizens; except any such use
which limits the activity solely to organizational or administrative office
functions, whereby the actual community service is provided elsewhere, shall
be excluded from this definition.
Section 5. That Chapter 25.12 of the Pasco Municipal Code be and the same
is hereby amended to include a new section 25.12.156 to read as follows:
25.12.156 COMMUNITY SERVICE FACILITIES LEVEL TWO.
"Community service facilities" of the level two category include, but are not
limited to, drug abuse and alcoholic treatment centers, halfway houses,
charitable organizations, nonprofit service groups, juvenile care and treatment
centers, crisis residential centers, correctional work release facilities,
correctional institutions, juvenile delinquency homes and facilities, any and all
facilities for incarceration or detainment, temporary shelters, emergency
housing facilities, transient hotels or motels, missions, community kitchens,
food banks, and other similar uses which provide social, health, and welfare
services for citizens; except any such use which limits the activity solely to
organizational or administrative office functions, whereby the actual
community service is provided elsewhere, shall be excluded from this
definition.
Section 6. That Section 25.44.050 of the Pasco Municipal Code be
and the same is hereby amended to read as follows:
25.44.050 PROHIBITED USES. Evidence received by the Planning
Commission and contained in previous studies and Pasco Police Crime Reports
demonstrates that certain uses make the Central Business District less
desirable or attractive to the public due to a demonstrated history of
contribution to general public disorder, loitering, nuisance and other acts
detrimental to the public image of the area. Certain other uses provide
entirely, or predominately, automobile services and, thereby, do not foster the
clustering concept intended to attract pedestrian visitors. Other uses may, by
their inherent nature, require a disproportionate amount of the limited vicinal
on-street parking, for an extended time, which is intended to be available and
shared by all business for the short duration convenience of customers.
The following listed businesses, for the reasons above, inhibit new
business growth, contribute to business loss and decline of property values,
inhibit convenient access to vicinal businesses, do not foster the clustering
concept intended to orient the business environment to pedestrians, or
perpetuate a public image which is undesirable or unattractive and detrimental
to public and private investment in revitalization efforts and, therefore, are
prohibited within the C-2 district:
(1) Gasoline and service stations, automobile services or repair, except
tire stores;
(2) Outdoor storage of goods or materials;
(3) Membership clubs;
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(4) Taverns;
(5) Billiard and pool halls;
(6) Amusement game centers;
(7) Pawn shops;
(8) Card rooms, bingo parlors, dance halls and similar places;
(9) Adult theaters, adult bookstores, tattoo parlors, bathhouses and
massage parlors;
(10) Community service facilities level two:
(11) Secondhand dealers. Similar or like uses although not specifically
listed are also prohibited; and
(12) Adult Business Facilities.
Section 7. That Section 25.86.020 of the Pasco Municipal Code be and
the same is hereby amended to read as follows:
25.86.020 UNCLASSIFIED USES. The following uses shall be
considered unclassified:
(1) High schools, colleges, universities, vocational schools, business
colleges and other similar academic or skills training facilities or institutions
not heretofore permitted within any district;
(2) Cemeteries, crematories, mausoleums, and other places of burial
or interment of remains;
(3) Churches
{3)(4) Community service facilities, as defined in Sections 25.12.155 and
25.12.156;
,
(5) Airports, heliports, or any other landing or maneuvering space for
aircraft, together with terminals and other customary facilities accessory to the
unclassified use;
(6) Gr-ettp hemes, as defined in Seet4en 25.12.2!5:
26.12.210;
(%(6) Golf courses, pitch and putt courses, miniature golf courses, and
similar facilities for public, private or membership use;
(%(7) Monasteries, convents or other functionally similar facilities;
R%(8) Mines, quarries and gravel pits;
44-1-}(9) Landfills, garbage dumps, and resource recovery facilities;
44(10) Off-site parking lots, except those required for a residential use,
provided such parking area is not more than five hundred feet from the
building;
40(11) Electrical substations and load transfer stations, natural gas
booster stations, and other similar utility facilities;
R4}(12) Park and ride lots, off-street transfer stations or other similar
facility involving the storage, start-up, idling and movement of public or private
operated carrier, charter or transit buses, vans, and similar vehicles; and
{F}(13) Agricultural use (commercial) except in areas wWi4n 1,000 feet
from e€ a residential zoning district, subdivision or dwelling unit.
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Section 8. That Title 25 of the Pasco Municipal Code be and the
same is hereby amended to include a new chapter 25.45. to read as follows:
CHAPTER 25.45
CENTRAL BUSINESS OVERLAY DISTRICT
Sections:
25.45.010 Purpose
25.45.020 Applicability
25.45.030 Use in Combination
25.45.040 Prohibited uses
25.45.040 Conditional uses
25.45.050 Development standards
25.41.010 PURPOSE. The purpose of the Central Business Overlay
District is to provide regulations that reinforce a positive public image and
confidence in commercial activities within the geographical area of the City
described in Section 25.45.020. The intent of this_chapter_is to preserve public
and private investment in property and infrastructure by restricting or
prohibiting certain lands uses.
25.45.020 APPLICABLITY. This chapter shall only apply to those lands
located on the following described properties: the south half of Block 8 and the
north half of Block 1, Pettit's Addition, the north half of Blocks 16 and 23
Gerry's Addition the south half of Blocks 11, 12, 15 and 24 Gen3f s Addition all
of Blocks 14, 174 18, 19, Gerry's Addition, all of the School Block Plat, the
south half of Blocks 14, and 24, N. P. Plat and all of Blocks 11, 12, 13, 21, 22
and 23, N. P. Plat.
25.41.030 USE IN COMBINATION. This Chapter shall be used in
addition to and in combination with all other district and development
regulations contained in this Title as they apply to the lands described in
Section 25.45.020. The requirements of this chapter shall take president over
the requirements of the underlying district regulations.
25.41.040 PROHIBITED USES. Evidence received by the Planning
Commission demonstrated that certain land uses make the central business
area of the City. as defined in Section 25.45.020, less desirable or attractive to
the public due to a demonstrated history of and contribution to general public
disorder, loitering, nuisance and other acts detrimental to the public image of
the area. Certain other uses do not encourage the grouping of complimentary
and compatible uses as envisioned by the comprehensive plan.
The following listed uses, for reasons explained above, inhibit new
business growth, contribute to business loss and decline of property values,
inhibit convenient access to desired businesses do not foster the
complimentary grouping of businesses, or perpetuate a public image which is
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undesirable or unattractive and detrimental to public and private investment in
business areas and, therefore are prohibited as follows:
(A) Community service facilities level two as defined in Section
25.12.156 are prohibited in all districts within the geographic area described in
Section 25.45.02 •
25.41.050 DEVELOPMENT STANDARDS. In all other respects the
underl3ing standards of the applicable zoning districts shall apply to land uses
with the Central Business Overlay District.
Section S. This ordinance shall be in full force and effect five days after
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting,
of December 3`d, 2001.
Michael L. arson, Mayor
ATTEST: APP TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
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Exhibit # 1
OVERLAY BOUNDARY
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