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HomeMy WebLinkAboutOrd 2278 - Moratorium on Crisis Diversion Facilities for Mentally Ill and Chemically-Dependent Adults (Repealed by Ord 2288) Repealed by 2288 -'�t,. O Li J TAO/ +v„_isos C ity of u la Washington Ordinance No. 2278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM ON THE ACCEPTANCE AND /OR PROCESSING OF APPLICATIONS RELATING TO DIVERSION FACILITIES AND DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS; REPEALING ORDINANCE NO. 2248; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on September 8, 2009, the City Council adopted Ordinance No. 2248, which established a six -month moratorium on the acceptance and/ or processing of applications relating to diversion facilities and diversion interim service facilities for the treatment of mentally ill and chemically- dependent adults in crisis; and WHEREAS, on November 2, 2009, the City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2259, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2248; and WHEREAS, following adoption of Ordinance No. 2248, City staff conducted extensive research on crisis diversion facilities and crisis diversion interim service facilities; and WHEREAS, the programs run in these facilities target mentally ill and chemically dependent adults in crisis who might otherwise be brought to a hospital emergency department or arrested for minor crimes and taken to jail; and WHEREAS, these facilities have varying lengths of stay for its consumers, generally ranging from less than 24 hours to two weeks or longer; and WHEREAS, although these facilities are licensed by the Department of Health as Residential Treatment Facilities and by the Department of Social and Health Services, Mental Health Division as Adult Residential Treatment Facilities, the use is inconsistent with residentially -zoned uses; and WHEREAS, the Tukwila Municipal Code does not currently have a specific provision addressing the use of property for these types of facilities; and WHEREAS, the Tukwila City Council has determined it is in the best interest of the City to prevent major investment and /or vesting of rights that conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for and provide appropriate development regulations; and WHEREAS, on February 25, 2010, following adequate public notice, the Planning Commission reviewed a draft ordinance related to the process for siting crisis diversion facilities and crisis diversion interim service facilities within the City; and WHEREAS, as required by State law, the City has filed the proposed code changes with the Department of Commerce and is awaiting notice from them of completion of their review; and W: \Word Processing \Ordinances\Diversion Facilities Moratorium Renewal.doc SK:ksn 2/25/2010 Page 1 of 2 WHEREAS, the recommendations of the Planning Commission must be brought before the City Council for their review and consideration; and WHEREAS, the current moratorium will expire before the recommendations of the Planning Commission can be brought before the City Council for their review and consideration; and WHEREAS, the moratorium is being extended the minimum amount of time necessary in order to ensure the City completes its legislative process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed upon the receipt and processing of building permit applications, land use applications, and any other permit application for diversion facilities and diversion interim service facilities. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on March 1, 2010 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until June 1, 2010, unless extended by the City Council, pursuant to State law. Section 4. Adoption of Findings of Fact. The City Council adopts the findings of fact contained in Ordinance No. 2259, by this reference, as well as the "Whereas" clauses herein. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid, unconstitutional or unenforceable for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Repealer. Ordinance No. 2248, dated September 8, 2009, is hereby repealed. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 15T day of a. t' 2010. ATTEST/ AUTHENTICATED: r �A Christy O'F1 erty, CMC, City clerk APPROVED Office the Cit BY: W: \Word Processing \Ordinances \Diversion Facilities Moratorium Renewal.doc SK:ksn 2/25/2010 Haggertt ayor Filed with the City Clerk:. 0 Passed by the City Council: 1 Published: Li 0 Effective Date: c1.-1 r Ordinance Number: M. c\-) Page 2 of 2 SUMMARY OF Ordinance No. 2278 City of Tukwila, Washington On March 1, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2278, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM ON THE ACCEPTANCE AND /OR PROCESSING OF APPLICATIONS RELATING TO DIVERSION FACILITIES AND DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS; REPEALING ORDINANCE NO. 2248; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on March 1, 2010. Christy O'Flaherty CMC,' City Clerk Published Seattle Times: March 4, 2010.