HomeMy WebLinkAbout3260 OrdinanceORDINANCE NO. aGO
AN ORDINANCE relating to comprehensive land use planning and amending
the Comprehensive Plan of the City of Pasco
WHEREAS, cities have the responsibility to regulate and control the
physical development within their borders and msure that the public health, safety
and welfare are mamtamed, and,
WHEREAS, the Pasco City Council did on August 21, 1995 adopt by
Ordinance No 3104 a Comprehensive Plan for the City, and,
WHEREAS, the Comprehensive Plan was mtended to be a guide for
development and should be reviewed annually, and,
WHEREAS, the result of a moratorium on the issuance of licenses or
permits for the operation or construction of adult business facilities the City
Council instructed the Planning Commission to among other things recommended
comprehensive plan language changes for adult land uses for consideration by the
City Council
WHEREAS, mumcipalities throughout the United States have found it
necessary for the protection of the public health, safety and general welfare to
create land use provisions regulating the location of adult entertainment facilities,
and
WHEREAS, the City Council takes notice of and relies upon expenences
of and studies conducted by other cities, counties and organizations in attempting
to combat the specific adverse impacts of adult entertainment facilities, and,
WHEREAS, the Planning Commission conducted three public hearings
and six public workshops during the year to receive public testimony, review
reports and studies, to receive reports from the planning staff and to develop
recommendations for City Council consideration, and,
WHEREAS, the City is a family-oriented residential community and
employment center with attendant community standards, and,
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WHEREAS, the City Council seeks to reduce and mitigate the deleterious
effects of adult entertanunent facilities while preserving constitutionally protected
forms of expression, and,
WHEREAS, the City Council finds that adult entertainment facilities are
associated with increased rates of cnme and unduly impact law enforcement
resources, and,
WHEREAS, the City Council finds that adult entertainment facilities have
a negative impact on residential and commercial property values, and,
WHEREAS, the City Council finds that the location of adult entertainment
facilities can contribute to neighborhood deterioration and blight through an
mcrease m crime and diminution m property values, among other adverse
consequences, and finds that such effects are detrimental to health, safety, and the
general welfare of the City, and,
WHEREAS, the law enforcement resources available for responding to
problems or secondary impacts associated with or created by adult entertainment
facilities are limited and are best utilized by regulating the location of adult
entertainment facilities, and,
WHEREAS, the City Council finds a compelling need to protect all
citizens, but especially minors, from criminal and unlawful activities associated
with adult entertainment facilities, and,
WHEREAS, the evidence supporting the need to protect minors from the
cnmmal and other unlawful activities associated with the operation of adult
entertainment facilities is compelling, and,
WHEREAS, the City Council recogmzes that important and substantial
government interests provide a constitutional basis for reasonable regulation of the
locations within the City where adult entertainment facilities may operate, and
that, therefore, the comprehensive plan should encourage the development of
specific locaftonal requirements for adult entertainment facilities, and,
WHEREAS, based on studies, other wntten information and materials and
public testimony presented on the subject of adult entertainment at the Planning
Commission and the City Council, the City Council concurs with the Plannmg
Commission's recommendation to provide language in the comprehensive plan
that would enable adoption of specific zoning and licensing requirements that are
specifically and narrowly tailored to alleviate the harmful secondary effects of
adult entertainment establishments, and,
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WHEREAS, based upon the studies, other wntten matenals and
mformation, and public testimony received by the Planning Commission and City
Council ("the record"), and the recommendations of the Plamung Commission, the
City Council finds the adoption of comprehensive plan provisions for adult
entertanunent facilities to be necessary to protect the health, safety, and general
welfare of the City, and to preserve and protect the quality of its neighborhoods,
and to preserve and protect residential and commercial land use values, and,
WHEREAS, the signage for adult entertamment facilities will have direct
exposure to minors and should be specifically regulated to prevent the secondary
impacts, and,
WHEREAS, based upon evidence studies and public testimony the
Planning Commission with assistance from staff developed a recommendation for
the comprehensive plan dealing with adult entertainment facilities The City
Council has accepted those recommendations and have determined that to reduce
the unacceptable adverse secondary impacts associated with adult entertainment
facilities and to further the health safety and general welfare of the City the
comprehensive plan should be amended, and,
WHEREAS, the responsible official for the State Environmental Policy Act
has determined the recommend Comprehensive Plan amendment will not have a
probable significant adverse impact on the quality of the environment, and„
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. That section LU-1 of Volume one of the Pasco
Comprehensive Plan be and the same is hereby amended to read as follows
LU-1. GOAL: TAKE DELIBERATE, CONSISTENT, AND
CONTINUOUS MEASURES TO IMPROVE THE PHYSICAL IMAGE
OF THE COMMUNITY
To stabilize and improve property values and enhance the overall welfare of
the community, the City needs to contmuously take measures to improve
the physical environment Unkempt yards, dilapidated buildings, certain
business activities and poorly maintained parks all reflect negatively on a
commumty and cause it to be a less desirable place in which to live, work
and raise a family
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Section 2. That the land use chapter of Volume One of the Pasco
Comprehensive Plan be and the same is hereby amended to include new policy
statements LU-1-E and LU-1-F to read as follows
LU-1-E POLICY: Adult entertainment business facilities should be
permitted in the city subject to locational, signage, landscaping and
operational controls designed to reduce and mitigate the deleterious secondary
land use impacts of such businesses while preserving constitutionally protected
forms of expression.
Studies have shown that the location of adult entertainment facilities can
contribute to neighborhood deterioration and blight through an increase in cnme
and diminution m property values, among other adverse consequences
LU-1-F POLICY: The City should adopt development regulations which
implement POLICY LU-1-E.
Without development regulations it would be difficult for the City to control or
mitigate the documented negative secondary land use effects attributable to adult
entertainment facilities The adverse secondary impacts of adult entertainment
facilities can be minimized and mitigated by restricting their locations to certain
zoning districts and separating them from residential areas and other sensitive
uses To minimize the impacts of concentrating adult business facilities in one
area dispersal provisions should be employed to provide separation between
facilities Signage for adult entertainment facilities should not contain language,
drawings, pictures, graphics, or other depictions representing or suggestive of
sexual acts
Section 3. That the land use chapter of Volume Two of the Pasco
Comprehensive Plan be and the same is hereby amended to include new
subsection F under section CP 3 9 to read as follows
F Adult Land Uses
Adult entertainment business often create considerable controversy whenever they
locate within a community Regardless of the controversy, local government
cannot legislate these type of business "out of town" The courts have ruled that
non-obscene sexually-onentated materials and nude dancing merit protection
under the First Amendment to the United States Constitution The City of Pasco
must, therefore allow these types of uses within the City However, the City of
Pasco must have provisions within its land use regulations that permit adult
entertainment businesses to locate m Pasco at appropriate locations with the least
opportunity for the adverse secondary impacts associated with such businesses
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Charles D Kilbury
Mayor
The courts have determmed that communities may create regulations to deal with
the external or secondary effects of adult business Certain operational and
locational regulations can be applied within the parameters allowed by state and
federal law Negative secondary land use impacts which have been documented as
attributable to adult entertainment business include, but are not limited to,
increased rates of crime, diminishment of property values, deterioration of
neighborhoods, and an increased burden on law enforcement resources
At this time, there are no adult busmess establishments within the City of Pasco
Historically, Pasco has had a two adult business establishments, both within the
downtown commercial area The downtown business district of Pasco was
adversely affected by such businesses in the past Therefore, special locational
and development requirements and procedures should be implemented to lessen
the likelihood of any adverse secondary impacts from such businesses, including
limiting the areas where such businesses are allowed within the City of Pasco
Section 4. This ordinance is designated by a majority plus one of the
whole membership of the City Council as an emergency ordinance necessary for
the protection of the public health, safety, public property or public peace and
shall become effective immediately upon adoption
PASSED by the City Council of the City of Pasco, at its regular meeting,
this 17th day of November, 1997
ATTEST APPROVED AS TO
FORM
CATHERINE D SEAMAN Leland B Kerr
Deputy City Clerk
City Attorney
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CITY OF PASCO
SUMMARY OF ORDINANCE NO
Ordinance No 3_ is an ordinance relating to land use planning
amending the Comprehensive Plan for the City of Pasco by modifying or
adding certain sections to the land use chapters of both Volumes I and
II dealing with adult entertainment facilities
Section 1 Modifies land use goal LU-1 dealing with the need to
take continuous measures to improve the physical image of the
community
Section 2 Adds new policy sections LU-1-E and LU- 1 -F
specifically relating to adult entertainment facilities
Section 3 Adds a new subsection ( F) to Section CP 3 9 of Volume
II of the Plan This new section provides a narrative discussion on
adult entertainment facilities
Section 4 States that the ordinance is an emergency ordinance
which becomes effective immediately
The full text of Ordinance No--,c)Cilis available free of charge
to any person who requests it from the City Clerk of the City of Pasco
(509) 545-3402, P 0 Box 293, Pasco, Washington 99301
Catherine D Seaman, Deputy City Clerk
rof To; onr.
• A,
FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / FAX (509) 544-3082
P0 BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301
Holimm111110111Impopoi
November 19, 1997
TO Kathy -- Legal Ads
Please publish the attached ordinance(s) and summary of ordinance(s) Nos
3260-3264 on the following date
November 23, 1997
f_,
Catherine D Seaman
Deputy City Clerk
Please send two (2) Affidavits of Publication for each
ND S ORN BEFORE ME THIS
DAY OF
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PASCO, WASHINGTON 99302 2608
PHONE (509) 582 1500
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FFIiAi VIT F PIJLICATHOM
COUNTY OF BENTON
SS
STATE OF WASHINGTON
rti pi- 'It, )1 , 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 a44 " 7 T TY or I (1 )1 111•1(-11..% 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 1 1 iL 1 -11
1 1 r , and ending on
, and that said newspaper was regulary
distributed to its subscribers during all of this period
Notary public in and for the State of Wash-
ington, residing at Kennewick1 fIIni I T vt i _4
COMMISSION EXPIRES u ' L
CITY OF PASCO
SUMMARY OF
ORDINANCE NO 3260
Ordinance No 3260 is an
ordinanc) rela ifly to land
use planning amending the
Comprehensive Plan ror
the City of Pasco by modi-
fying or adding certain sec-
tions to the land use chap-
ters of both Volumes I and
II dealing with adult enter-
tainment facilities
Section 1 Modifies land
use goal LU-1 dealing with
the need to take continu-
ous measures to improve
the physical image of the
community
Section 2 Adds new policy
sections LU-1-E and LU-1
F specifically relating to
adult entertainment facili-
ties
Section 3 Adds a new sub
section (F) to Section
CP 3 9 of Volume II of the
Plan This new section pro-
vides a narrative discus-
sion on adult entertainment
facilities
Section 4 States that the
ordinance is an emergency
ordinance which becomes
effective immediately
The full text of Ordinance
No 3260 is available free
of charge to any person
who requests it from the
City Clerk of the City of
Pasco (509) 545-3402
P0 Box 293 Pasco
Washington 99301
s- Catherine D Seaman
Deputy City Clerk
#1997 11/23/97