ORDINANCE NO Whereas the neighborhood for the purported halfway house is zoned residential

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1 ORDINANCE NO 3019 AN ORDINANCE of the City Council of the City of Puyallup renewing a moratorium unposed by Ordinance 3013 that was adopted on August and pertains to all residential zones including RS RM and PD with respect to the acceptance or processing of applications or issuance of permits and approvals and uses or activities associated with what are commonly known as halfway houses and other similar residential housing uses Whereas shared housing when occupied by felons or sex offenders is commonly known as a halfway house and may include adult family homes boarding homes dwellings residential care facilities residential treatment facilities and uses of a similar nature Whereas the Puyallup Municipal Code PMC allows shared housing by up to six unrelated individuals but lacks special performance standards or other regulatory controls with respect to violent felons and sex offenders Whereas in late July of this year the City of Puyallup City learned that a project proponent was considering the operation of a halfway house that may house multiple sex offenders located near the intersection of Shaw Road and 23 Avenue in Puyallup Whereas the neighborhood for the purported halfway house is zoned residential Whereas in response to numerous citizen concerns regarding the potential halfway house the Puyallup City Council Council held a well attended community meeting on August Whereas the City is authorized pursuant to RCW 35A and RCW 36 70A 390 to adopt moratoria to preserve the status quo while code or comprehensive plan amendments are developed considered and enacted Whereas the significance of impacts to Puyallup s residential neighborhoods from halfway houses will be great and the imminence of the known proposal for a halfway house have created an emergent situation Whereas after hearing the concerns from numerous Puyallup residents at the community meeting the Council adopted Ordinance 3013 at a special meeting on August Whereas Ordinance 3013 imposes a sixty day moratorium on accepting processing or approving applications and permits for halfway houses in residential zones in Puyallup Page 1 of 3

2 Whereas the Council held a well attended public hearing on September pertaining to the moratorium imposed by Ordinance 3013 Whereas after receiving public testimony regarding the moratorium the Council has made findings of fact to support the moratorium and moreover the Council desires to extend the moratorium through February and NOW THEREFORE the City Council of the City of Puyallup ordains as follows A Findings of Fact The Puyallup City Council adopts the Findings of Fact attached hereto as Exhibit A and incorporated herein by this reference to support the moratorium imposed by Ordinance 3013 and also to support the renewal of the moratorium as provided in this ordinance B Renewal of Moratorium Pursuant to RCW 35A and RCW 36 70A 390 the moratorium imposed by Ordinance 3013 shall be renewed C Duration This ordinance shall be in effect until February D Public Emergency The City Council hereby finds and declares that a public emergency exists and that this ordinance is necessary for the protection of the health safety and welfare of residents and preservation of the character of neighborhoods within the City and thus should take effect upon adoption E Severability Construction If a section subsection paragraph sentence clause or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this ordinance unless the invalidity destroys the purpose and intent of this ordinance If the provisions of this ordinance are found to be inconsistent with other provisions of the Puyallup Municipal Code this ordinance is deemed to control F Publication A summary of this ordinance shall be published as required by law G Effective Date In accordance with RCW 35A this ordinance as a public emergency ordinance shall take effect and be in force immediately upon adoption This ordinance was adopted by the City Council of the City of Puyallup Washington at Council meeting on the 25th day of September 2012 Dated q I cail D SO Rich rd D Hansen Mayor Page 2 of 3

3 Approved as to form Attest Steve M Kirkelie Deputy City Attorney tatiadait Brenda Arline City Clerk Published on the 3nd day of October 2012 Page 3 of 3

4 Exhibit A to Findings of Fact Based on the public hearing held on September before the Puyallup City Council Council City staff presentations and Council deliberations the Council adopts the following findings of fact to support the moratorium adopted in Ordinance Shared housing when occupied by felons or sex offenders is commonly known as a halfway house and may include adult family homes boarding homes dwellings residential care facilities residential treatment facilities and uses of a similar nature 2 The Puyallup Municipal Code PMC provides for some group living uses in the City s residential zones either as a permitted or conditionally permitted use 3 The PMC allows shared housing by up to six unrelated individuals but lacks special performance standards or other regulatory controls with respect to violent felons and sex offenders 4 In July 2012 the City learned that a project proponent was considering the operation of a halfway house located near the intersection of Shaw Road and 23 Avenue in Puyallup in a residential zone Potential Halfway House The project proponent indicates that multiple sex offenders may reside at the Potential Halfway House 5 Operation of a halfway house that allows the congregation of violent felons or sex offenders in a residential zone would be a use that is highly inconsistent with the intended safety security peace character and quiet repose of Puyallup s residential zones 6 The Potential Halfway House is located near a school bus stop which means numerous young children must walk past the location of the Potential Halfway House to get to the school bus stop 7 The Potential Halfway House is less than 1000 feet from a preschool In addition children live in a residence within twenty 20 feet of the Potential Halfway House 8 The significance of impacts to Puyallup s residential neighborhoods from halfway houses will be great and the imminence of the known Potential Halfway House has created an emergent situation 9 There is research indicating that sex offenders and persons who commit serious felonies have a high rate of recidivism Allowing multiple sex offenders and

5 felons to live within one residence does not provide an environment conducive to lawful behavior 10 Property values will likely be diminished in residential neighborhoods where halfway houses for sex offenders andor serious felons are located There is a substantial likelihood of increased foreclosures and resulting community blight 11 A halfway house located in a residential neighborhood will increase the likelihood crimes may be committed in the surrounding neighborhood 12 Calls for service for law enforcement response may increase due to neighborhood concerns about perceived illegal activity occurring at halfway houses Moreover there is a substantial likelihood of increased policerelated activity in a residential neighborhood containing a halfway house because sex offender and violent felon residents may violate probation and other court order conditions of release necessitating responses by law enforcement Residents in other communities have witnessed daily law enforcement responses to halfway houses 13 Residents in neighborhoods that contain halfway houses will potentially be deprived of full use and enjoyment of their property because they will likely not allow their children to play outside or in the surrounding neighborhood without direct and constant supervision out of fear for the children s safety 14 Public transportation access points are sporadic throughout the City s residential neighborhoods In order to access public transportation these sex offenders and felons would have to walk long distances through residential neighborhoods and past daycares schools public parks and playgrounds to gain access to public transportation 15 Many residential neighborhoods in Puyallup contain pockets of wooded areas By allowing halfway houses in residential zones there is an increased likelihood of a sex offender or felon using the cover of these woods to conduct nefarious activity 16 There are numerous vulnerable senior citizens in the area 17 Residents are concerned about halfway houses that may be established without sufficient notice to the public 18 Residents are concerned that an owner of a halfway house will have no responsibility to the community while simply generating revenue