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Home My WebLink About3202 Ordinance00058 150003 GAR/cis 12/11/96 ORDINANCE NO. 3 PO AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADOPTING FINDINGS OF FACT TO JUSTIFY THE CONTINUED IMPOSITION OF A ONE-YEAR MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES FOR ADULT ENTERTAINMENT USES AND BUSINESSES, AS REQUIRED BY RCW 36 70A 390 WHEREAS, on November 18, 1996, the City Council imposed a one-year moratonum on the City's acceptance and approval of applications for use permits, building permits and licenses for adult entertainment uses and businesses, all as provided in Ordinance No 3191, and WHEREAS, RCW 36 70A 390 requires that the City Council hold a public hearing on the moratonum 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 moratonum; and WHEREAS, on December 18, 1996, the City Council held a public hearing on the adult entertainment moratonum dunng 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 I Section 1 As required by RCW 36 70A 390, the City Council hereby adopts the following findings of fact to support the continued imposition of the City's one-year moratonum on the acceptance and approval of applications for adult entertainment businesses and licenses, all as provided in Ordinance No 3191 A Secondary Effects of Adult Entertainment Businesses and Uses The City Council is not aware of the operation of any current adult entertainment use or business in the City of Pasco, however, Pasco in the past and other cities in the United States have found that adult entertainment businesses and uses in their junsdictions have secondary land use impacts which necessitated the adoption of regulatory ordinances to ameliorate the deletenous effects of these types of uses or businesses These cities have documented the following non-exhaustive list of secondary land use impacts associated with adult entertainment uses and businesses 1 Incidence of Crime a increase in property cnmes such as theft and robbenes, increase in cnmes against the person such as rapes and indecent liberties, c. adult businesses require more police response and protection, thereby reducing the availability of police services to other areas of the city, increase in other types of cnmes such as sale of controlled substances, prostitution, and exploitation of minors 2 Impacts on Property Values a adult businesses cause "blight," adult businesses cause skid-road effect, 2 c. residents or shoppers in the city will move or shop elsewhere if adult entertainment uses are allowed to locate in close proximity to residential uses, churches, parks, schools and other public facilities, location of adult entertainment uses in close proximity to residential uses, churches, parks, schools and other public facilities will reduce retail trade to commercial uses in the vicinity, reducing tax revenues to the City, increased traffic, patrons of adult businesses are less likely to uphold or respect community standards, excessive noise associated with adult businesses, litter associated with adult businesses, exposure and visibility of adult businesses to school-age children is detrimental to quality of residential life, adult businesses adversely affect the family orientation of a neighborhood, k. location of adult businesses within walking distance of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches, 1 location of adult businesses on the main commercial thoroughfares of the City gives an impression of legitimacy to, and causes a loss of sensitivity to the adverse effect of pornography upon children, established family relations, respect for the marital relationship and the concept of non- aggressive consensual sexual relations, -3 location of adult businesses in close proximity to residential uses, churches, parks, schools and other public facilities will cause a degradation of the community standard of morality, because pornographic matenal has a degrading effect upon the relationship between spouses The City Council finds that because the above secondary land use impacts have been associated with adult entertainment businesses and uses in other cities, there is sufficient reason for the Council to believe that these impacts may also accompany the operation of any adult entertainment business or use in the City of Pasco Therefore, the Council finds the imposition of a moratonum for the purpose of studying these secondary land use impacts and the manner in which the uses and businesses should be regulated is necessary now, before any adult entertainment use or business either locates or attempts to operate in the City Therefoceftmoratonum initially established by Ordinance No 16-54-ifiall continue in effect for the time penod established by said ordinance Existing City Ordinances. At the present time, the City's ordinances do not appear to adequately address the siting or operation of adult entertainment businesses or uses There is no language in the Comprehensive Plan specifically referencing adult entertainment businesses or adult uses There also may be a constitutional deficiency in the city's current regulations of adult uses. As a result, if an adult entertainment business were to attempt to locate or operate in the City of Pasco, the City's existing regulations may not adequately address the above secondary land use impacts, which Pasco has found to be associated with the business or use The City's existing regulations also could be successfully challenged on constitutional or state law grounds Thus, all of the City's existing regulations could be undermined by these challenges The City Council finds that in the interests of the public health, safety and welfare, there is a need to study these businesses and uses, and to determine the appropnate manner of regulating any secondary impacts 4 Need to Preserve the Status Quo Since there is a possibility that an adult entertainment business or use could attempt to locate or operate within the City before the City has adequate time to study and adopt necessary amendments of its comprehensive plan and the appropnate regulations, the moratonum is necessary to preserve the status quo The City Council finds that the proper time to develop and adopt adult entertainment regulations is pnor to the location and operation of an adult entertainment business or use in the City, so that any vested nghts will not be affected. Section 2 Moratonum to Remain in Effect The moratonum on the acceptance and issuance of applications for the location and operation of adult entertainment establishments adopted by Ordinance No 3191 of the City of Pasco shall remain in effect for the period prescnbed therein or until the Council completes adoption of necessary Comprehensive Plan amendments and new adult entertainment regulations, whichever is sooner The Planning Department and Planning Commission are directed to draft, consider and bnng forth recommended adult entertainment regulations and comprehensive plan language for consideration by the City Council generally followmg the proposed work plan which may be amended from time to time with approval of the City Council Section 3 Severability If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent junsdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance 5 BY Section 4 This ordinance shall become effective five (5) days after passage and publication PASSED THIS / DAY OF DECEMBER, 1996, BY THE PASCO CITY COUNCIL AT ITS REGULAR MEETING APPROVED /1/ _ CHARLES KILBURY MAYOR ATTEST/AUTHENTICATED DEPUTY CITY CLERK, CATHERINE D SEAMAN APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY. LELAND ICERR, CITY ATTORNEY FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL PUBLISHED I r, EFFECTIVE DATE I a, ORDINANCE NO 3 GAR149858 10\00058 150003 -6 CITY OF PASCO WORK PROGRAM TO DEVELOP RECOMMENDATIONS OR AMENDMENTS TO THE COMPREHENSIVE PLAN AND ZONING REGULATIONS CONCERNING ADULT LAND USES TASK 1 Staff gathers studies performed by other cities and organizations related to adult use businesses 2 Police Department gathers information and provides data to Planning Department on secondary land use impacts resulting from adult business uses TARGET DATE Jan 23, 1997 Feb 3, 1997 3 Staff reviews Wallock vs Everett and receives input from City's legal counsel relative to the effects of said court case on the City's Comprehensive Plan 4 Planning Commission holds public hearing to gather testimony and input on the secondary land use impacts relating to adult businesses 5 Staff reviews zoning regulations and the Comprehensive Plan as it relates to adult business uses 6 Planning Commission holds a workshop to review information developed by staff 7 Staff prepares preliminary Comprehensive Plan amendments Feb 21,1997 Feb 20, 1997 March 18, 1997 April 17, 1997 May 2, 1997 8 Planning Commission holds public workshop May 22, 1997 hearing to review draft Comprehensive Plan amendments 9 Planning Staff issues SEPA threshold determination based upon preliminary consensus from public hearing in task #8 10 Staff fine tunes proposed code amendment language 11 Code amendment proposal and comp plan amendment reviewed by city's legal counsel 12 Planning Commission final public hearing on code amendment and Comprehensive Plan 13 Continued Planning Commission public hearing, if needed 14 City Council workshop to review and discuss Planning Commission recommendations 15 City Council public hearing on proposed Comprehensive Plan amendment and code amendment 16 Council adopts appropriate ordinances amending both the plan and the municipal code 17 Staff publishes amendatory ordinances and ordinances become effective November 14, 1997 June 6, 1997 June 13, 1997 July 18, 1997 Aug 28, 1997 Sept 18, 1997 Oct 13, 1997 Nov 3, 1997 Nov 3, 1997 Nov 5, 1997 SUMMARY OF ORDINANCE NO.3a\O( of the City of Pasco, Washington On the /C day of /900,P,M he_r , 1996, the City Council of the City of Pasco, passed Ordinance No ,f_c2Q A summary of the content of said ordinance, consisting of the title, provides as follows AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADOPTING FINDINGS OF FACT TO JUSTIFY THE CONTINUED IMPOSITION OF A ONE-YEAR MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES FOR ADULT ENTERTAINMENT USES AND BUSINESSES, AS REQUIRED BY RCW 36 70A 390 The full text of this Ordinance will be mailed upon request DATED this t7 day of ker , 1996 DEPUTY CITY CLERK, CATHERINE D SEAMAN FILED WITH THE CITY CLERK \ PASSED BY THE CITY COUNCIL PUBLISHED \ a - aa.--cp n c EFFECTIVE DATE. 1(D,--W1 --9.C. ORDINANCE NO 0AR149858 10\03058 150003 00110 011111111111110 01111111 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 December 17, 1996 Tn-City Herald P 0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3193, 3194, 3201, 3203-3205 and Summary of Ordinance No 3202 on the following date December 22, 1996 Please send two (2) Affidavits of Publication for each Thank you, , Catherine D Seaman, Deputy City Clerk 545-3402 cds * No attachments or maps included T ******4<******** —IND XMT JOURNAL— *************is** DATE DEC-17-1896 ***** TIME 09 25 ******** DATE/TIME = DEC-17-1996 09 15 JOURNAL No = 21 COMM RESULT = OK PAGE(S) = 024 DURATION = 00 09'31 FILE No. = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIUED ID = / 1 509 582 1453 RESOLUTION = STD —CITY OF PASCO FINANCE _ 4***ii.**14.*************M*4<********R - — ****+. — 1 509 544 3082— ****tc**** 4:0 0 - P0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582 1500 LEO L VERTM 0 INVOICE SOLD TO FASCO, CITY OF LEGALS F.O. BOX 297 FASCO WA q 01 DATE 12/22/ LEGAL NO #191 ACCOUNT.NO 5 0 55 0 DESCRIPTION #1 il SUMMARY OF ORDINANCE TIMES u01 LINES 7 .0 ° TOTAL $ 76.77, RIOTOCIE This is an Invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment • aFFEYIVITY OF PCOEUCLIT1100 COUNTY OF BENTON SS STATE OF WASHINGTON I NI BE2OLD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a #19 I SUMMARY OF ORDINANCE D,(:) as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 12/22/91- , and ending on 12/ 22/ * , and that said newspaper was regulary distributed to its subscribers during all of this period a_<€YOL SUBSCRIBED AND SWORN BEFORE ME THIS , CO3\-4 -1(-0 Notary public in anttrAtMte_oiRfash- ington, residing at Kennewick COMMISSION EXPIRES '3) -2rfrtr771.-73— o3 /0 ,P-/g SUMMAR ,,OF ORDIP ) 3202 of the City of Pasco, Washington On the 16 day of De- cember 1996 the City Council of the City of Pasco passed Ordinance No 3202 A summary of the content of said ordi- nance consisting of the ti- tle provides as follows AN ORDINANCE OF THE CITY OF PASCO WASH- INGTON ADOPTING FINDINGS OF FACT TO JUSTIFY THE CONTIN- UED IMPOSITION OF A ONE-YEAR MOR- ATORIUM ON THE AC- CEPTANCE OF APPLICA- TIONS FOR USE PERMITS BUILDING PERMITS AND LICENSES FOR ADULT ENTERTAIN- MENT USES AND BUSI- NESSES AS REQUIRED BY RCW 36 70A 390 The full text of this Ordi- nance will be mailed upon request DATED this 17 day of De- cember 1996 -s- Catherine D Seaman Deputy City Clerk #191 - 12/22/96 ECIEFVE DEC 30 1996 DAY OF b)z.ce-ryl k tbstecs 640 I OTA