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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, 1 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, 2 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 3 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 4 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 5 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 SUBSCR E *60 ftv,k att - P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582 1500 - LEGAL ADVERTISING INVOICE DATE LEGAL NO I. ACCOUNT Nor ( 55( DESCRIPTION 14 L -; iTi 01 - F SC: ri r..-0.11 ,11 TIMES 0 " LINES SOLD TO - ;ID r, 1 L. I-J(;LL., r 0, rri\ ns3 t Rip' I •-F _ I TOT L NOTICE 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 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