HomeMy WebLinkAboutOrd 1991 - Secure Community Transition Facilities
Cover page to Ordinance 1991
The full text of the ordinance follows this cover page.
Ordinance 1991 was amended or repealed by the following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
3, 4 1, 2, 11-14 2741
2097
5, 7 2287, 2332 3, 5-10 2500
10 2235, 2332 4 2084
13, 14 2251
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Ordinance No. l 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS TUKWILA MUNICIPAL CODE
SECTIONS RELATING TO ZONING AND PERMITTING FOR SECURE
COMMUNITY TRANSITION FACILITIES FOR SEXUALLY VIOLENT
PREDATORS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila desires to implement Engrossed Substitute Senate
Bill 6594, which incorporates the recommendations of the Joint Select Committee on the
equitable distribution of secure community transition facilities; and
WHEREAS, the City of Tukwila desires to implement RCW 36.70A.200 related to
essential public facilities by recognizing the City's obligation to make provision for
such facilities, while regulating the location of secure community transition facilities so
as to allow them in a manner to mitigate their potential impacts and provide for their
proper and safe operation; and
WHEREAS, the City of Tukwila desires to implement RCW 71.09.285, which
requires the City to consider the policy guidelines adopted by Department of Social and
Health Services when providing for siting of secure community transition facilities; and
WHEREAS, the City of Tukwila desires to avoid the location of secure community
transition facilities on isolated "island" parcels that are totally encircled by parcels
which are ineligible for location of such facilities due to incompatibility with the
surrounding areas; and
WHEREAS, the City of Tukwila has reviewed the siting criteria and has
determined that there are potential sites within the City which meet the siting criteria;
and
WHEREAS, the Committee of the Whole took public testimony at the public
hearing held on August 5, 2002, and the Planning Commission held a public hearing on
June 27, 2002;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1974 §14, as codified at TMC 18.06.178, is amended as
follows:
18.06.178 Correctional institution. "Correctional institution" means public and
private facilities providing for:
1. the confinement of adult offenders; or
2. the incarceration, confinement or detention of individuals arrested for or
convicted of crimes whose freedom is partially or completely restricted other
than a jail owned and operated by the City of Tukwila; or
Secure Community Transition Facility,doc 1
3. the confinement of persons undergoing treatment for drug or alcohol
addictions whose freedom is partially or completely restricted; or
4. transitional housing, such as halfway houses, for offenders who are required
to live in such facilities as a condition of sentence or release from a
correctional facility, except secure community transitional facilities as defined
under RCW 71.09.020.
Section 2. A new definition is hereby added to TMC Chapter 18.06 as follows:
18.06.706 Secure Community Transitional Facility.
"Secure community transitional facility" means a secure community transitional
facility as defined under RCW 71.09.020, which defines it as "a residential facility for
persons civilly committed and conditionally released to a less restrictive alternative
under this chapter. A secure community transition facility has supervision and security,
and either provides or ensures the provision of sex offender treatment services. Secure
community transition facilities include but are not limited to the facilities established
pursuant to RCW 71.09.250 and any community -based facilities established under this
chapter and operated by the DSHS secretary or under contract with the secretary."
Section 3. Ordinance Nos. 1976 §48, 1856 §33, and 1758 §1 (part), as codified at
TMC 18.26.050, are amended as follows:
18.26.050 Unclassified uses.
The following uses may be allowed within the Regional Commercial Mixed Use
district, subject to the requirements, procedures and conditions established by TMC
18.66.
1. Conversions of rental multi- family structures to condominiums or owner-
occupied multi- family housing, but excluding the construction of new
condominium or owner occupied multi- family housing.
2. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
3. Hydroelectric and private utility power generating plants.
4. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
5. Mass transit facilities.
Section 4. Ordinance Nos. 1976 §51, 1865 §35, and 1758 §1 (part), as codified at
TMC 18.28.050, are amended as follows:
18.28.050 Unclassified uses.
The following uses may be allowed within the Tukwila Urban Center district,
subject to the requirements, procedures and conditions established by the Unclassified
Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Conversions of rental multi- family structures to condominiums or owner-
occupied multi- family housing, but excluding the construction of new
condominium or owner occupied multi- family housing.
Secure Community Transition Facility.doc 2
3. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
6. Mass transit facilities.
Section 5. Ordinance Nos. 1976 §53 and 1758 §1 (part), as codified at TMC
18.30.050, are amended as follows:
18.30.050 Unclassified uses.
The following uses may be allowed within the Commercial Light Industrial
district, subject to the requirements, procedures and conditions established by the
Unclassified Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
6. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
7. Mass transit facilities.
Section 6. Ordinance Nos. 1865 §39 and 1758 §1 (part), as codified at TMC
18.32.050, are amended as follows:
18.32.050 Unclassified uses.
The following uses may be allowed within the Light Industrial district, subject to
the requirements, procedures and conditions established by the Unclassified Use
Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Animal rendering.
3. Cement manufacturing.
4. Correctional institutions.
5. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
Secure Community Transition Facility.doc 3
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
8. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
9. Mass transit facilities.
Section 7. Ordinance Nos. 1865 §41 and 1758 §1 (part), as codified at TMC
18.34.050, are amended as follows:
18.34.050 Unclassified uses.
The following uses may be allowed within the Heavy Industrial district, subject to
the requirements, procedures and conditions established by the Unclassified Use
Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Correctional institutions.
4. Electrical substation transmission /switching.
5. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
8. Manufacturing, refining, or storing highly volatile noxious or explosive
products (less than tank car lots) such as acids, petroleum products, oil or gas,
matches, fertilizer or insecticides; except for accessory storage of such
materials.
9. Railroad freight or classification yards.
10. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
11. Transfer stations (refuse and garbage) when operated by a public agency.
12. Mass transit facilities.
Section 8. Ordinance Nos. 1865 §43 and 1758 §1 (part), as codified at TMC
18.36.050, are amended as follows:
18.36.050 Unclassified uses.
The following uses may be allowed within the Manufacturing Industrial
Center /Light Industrial district, subject to the requirements, procedures and conditions
established by the Unclassified Use Permits chapter of this title.
Secure Community Transition Facility.doc 4
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
6. Railroad freight or classification yards.
7. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
8. Transfer stations (refuse and garbage) when operated by a public agency.
9. Mass transit facilities.
Section 9. Ordinance Nos. 1976 §58, 1865 §45, and 1758 §1 (part), as codified at
TMC 18.38.050, are amended as follows:
18.38.050 Unclassified uses.
The following uses may be allowed within the Manufacturing Industrial
Center /Heavy Industrial district, subject to the requirements, procedures and
conditions established by the Unclassified Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Correctional institution.
4. Electrical substation transmission /switching.
5. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
8. Manufacturing, refining, or storing highly volatile noxious or explosive
products (less than tank car lots) such as acids, petroleum products, oil or gas,
matches, fertilizer or insecticides; except for accessory storage of such
materials.
9. Mass transit facilities.
10. Railroad freight or classification yards.
Secure Community Transition Facility.doc 5
11. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
12. Secure community transition facility, subject to the following location
restrictions:
a. No secure community transition facility shall be allowed within the
specified distances from the following uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any residential zone.
(2) Adjacent to, immediately across a street or parking lot from, or within
the line of sight of a "risk potential activity /facility" as defined in
RCW 71.09.020 as amended, that include:
(a) Public and private schools;
(b) School bus stops;
(c) Licensed day care and licensed preschool facilities;
(d) Public parks, publicly dedicated trails, and sports fields;
(e) Recreational and community centers;
(f) Churches, synagogues, temples and mosques; and
(g) Public libraries.
(3) One mile from any existing secure community transitional facility or
correctional institution.
b. No secure community transition facility shall be allowed on any isolated
parcel which is otherwise considered eligible by applying the criteria
listed under TMC 18.38.050 -12.a, but is completely surrounded by parcels
ineligible for the location of such facilities.
c. The distances specified in TMC 18.38.050 -12.a shall be measured as
specified under Department of Social and Health Services guidelines
established pursuant to RCW 71.09.285, which is by following a straight
line from the nearest point of the property parcel upon which the secure
community transitional facility is to be located, to the nearest point of the
parcel of property or land use district boundary line from which the
proposed land use is to be separated.
d. The parcels eligible for the location of secure community transition
facilities by applying the siting criteria listed above and information
available as of August 19, 2002, are shown in Figure 18 -11, "Eligible
Parcels for Location of Secure Community Transition Facilities." Any
changes in the development pattern and the location of risk sites /facilities
over time shall be taken into consideration to determine if the proposed
site meets the siting criteria at the time of the permit application.
13. Transfer stations (refuse and garbage) when operated by a public agency.
Section 10. Ordinance Nos. 1976 §61, 1865 §47, and 1758 §1 (part), as codified at
TMC 18.40.050, are amended as follows:
18.40.050 Unclassified uses.
The following uses may be allowed within the Tukwila Valley South district,
subject to the requirements, procedures and conditions established by the Unclassified
Use Permits chapter of this title.
Secure Community Transition Facility.doc 6
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Conversions of rental multi- family structures to condominiums or owner-
occupied multi- family housing, but excluding the construction of new
condominium or owner occupied multi- family housing.
4. Electrical substation transmission/ switching.
5. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental
actions.
8. Manufacturing, refining, or storing highly volatile noxious or explosive
products (less than tank car lots) such as acids, petroleum products, oil or gas,
matches, fertilizer or insecticides; except for accessory storage of such
materials.
9. Railroad freight or classification yards.
10. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
11. Transfer stations (refuse and garbage) when operated by a public agency.
12. Mass transit facilities.
Section 11. Ordinance Nos. 1770 §41 and 1758 §1 (part), as codified at TMC
18.66.040, are amended as follows:
18.66.040 Application requirements.
A. Applications for unclassified use permits shall be Type 5 decisions and shall
be processed pursuant to TMC 18.108.050.
B. An unclassified use permit application for a secure community transition
facility shall be accompanied by the following:
1. The siting process used for the secure community transition facility, including
alternative locations considered.
2. An analysis showing that proper consideration was given to potential sites
such that siting of the facility will have no undue impact on any one racial,
cultural or socio- economic group, and that there will not be a resulting
concentration of similar facilities in a particular neighborhood, community,
jurisdiction or region.
3. Documentation demonstrating compliance with Chapter 71.09 RCW for
establishing the need for additional secure community transition facility beds
and documentation demonstrating compliance with the "equitable
distribution" requirements under the same chapter.
Secure Community Transition Facility.doc 7
4. Proposed mitigation measures including the use of sight- obscuring buffers
and other barriers from adjacent uses. At a minimum, the project must
provide buffering similar to that required between residential and industrial
zones.
5. DSHS must consult with the City's Police Department on the security
requirements for both the facility and its residents. A statement from the
City's Police Department indicating that the DSHS security and emergency
procedures for the facility and its residents comply with the requirements of
Chapter RCW 71.09 must be included in the Unclassified Use Permit
application. A description of the general security and operational
requirements shall also be included with the permit application.
6. Proposed operating rules for the facility.
7. A schedule and analysis of all public input solicited or to be solicited during
the siting process.
Section 12. Ordinance Nos. 1865 §55, 1816 §2, and 1758, §1 (part), as codified at
TMC 18.66.060, are amended as follows:
18.66.060 Criteria.
The City Council shall be guided by the following criteria in granting an
unclassified use permit:
1. Where appropriate and feasible, all facilities shall be undergrounded.
2. The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity.
3. The proposed use shall meet or exceed the same standards for parking,
landscaping, yards and other development regulations that are required in the
district it will occupy.
4. The proposed development shall be compatible generally with the
surrounding land uses.
5. The proposed development shall to the maximum extent feasible be consistent
with and promote the goals, objectives, and policies of the Comprehensive
Land Use Policy Plan and applicable adopted area plans.
6. The proposed unclassified use shall, to the maximum extent feasible, mitigate
all significant adverse environmental impacts on public and private
properties. Full consideration shall be given to:
(a) alternative locations and /or routes that reduce or eliminate adverse
impacts; and
(b) alternative designs that reduce or eliminate adverse impacts.
7. In the event that a proposed essential public facility of a countywide or
statewide nature creates an unavoidable significant adverse environmental or
economic impact on the community, compensatory mitigation shall be
required. Compensatory mitigation shall include public amenities, incentives
or other public benefits which offset otherwise unmitigated adverse impacts
of the essential public facility. Where appropriate, compensatory mitigation
shall be provided as close to the affected area as possible.
Secure Community Transition Facility.doc 8
8. For uses in residential areas, applicants shall demonstrate that there is no
reasonable nonresidential alternative site for the use.
9. For uses in residential areas, applicants shall demonstrate that the use
provides some tangible benefit for the neighborhood.
10. Secure community transition facilities shall be meet the following additional
criteria:
(a) No facility shall house more than four persons or the number of persons
requested by DSHS after DSHS both demonstrates a need for additional
beds in compliance with Chapter 71.09 RCW and it demonstrates
compliance with Chapter 71.09 RCW's "equitable distribution"
requirements.
(b) The facility shall be located in relation to transportation facilities in a
manner appropriate to the transportation needs of the secure community
transition facility residents.
Section 13. Ordinance No. 1834, §8 and 1768 §2 (part), as codified at TMC
18.104.090, is amended as follows:
18.104.090 Notice of Application Procedure.
Notice of Application shall be provided as follows:
1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA
review, the Notice of Application shall be mailed by first class mail to the
applicant and to departments and agencies with jurisdiction, except that a
Notice of Application is not required in the case of a Code Interpretation
pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12.
2. For Type 1 decisions and Type 2 decisions which require SEPA review, the
Notice of Application shall be provided by posting pursuant to TMC
18.104.110, provided that the Notice of Application for a Type 1 decision
involving a single family residence need not be posted but shall be published
one time in a newspaper of general circulation in the City.
3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice
of Application shall be posted pursuant to TMC 18.104.110 and mailed
pursuant to TMC 18.104.120. Notice requirements for secure community
transition facilities shall be in accordance with RCW 71.09.315 as amended.
4. For applications which require any Shoreline permit, additional notice shall
be provided as required by RCW 90.58.
5. For preliminary plats, additional published notice shall be provided as
required by RCW 58.17.090(a).
6. The Director shall have the discretion in unusual circumstances (i.e., lengthy
utility corridor or right -of -way construction projects) where posting and
mailed notice would be impractical, to require the notice of application to be
published in a newspaper of general circulation in the area where the
proposal is located, in lieu of posting and mailed notice.
Section 14. Ordinance No. 1768 §2 (part), as codified at TMC 18.104.160, is
amended as follows:
18.104.160 Hearing Scheduling Notice of Hearing.
Secure Community Transition Facility.doc 9
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions,
open record appeal hearings on Type 2 decisions and closed record appeal hearings on
Type 4 decisions, the Department shall issue a Notice of Hearing by mail pursuant to
the provisions of TMC 18.104.120. Notice requirements for secure community transition
facilities shall be in accordance with RCW 71.09.315 as amended.
In addition, at least 14 days before such hearing, the Director shall post the Notice
of Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110. Such
Notice of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in the
application, and the location where the application, the staff report, and any
environmental documents or studies can be reviewed.
4. A site plan on 81/2 x 11 inch paper, if applicable.
5. The date, time, place and type of hearing.
6. The phone number of the Department and the name of the staff person who
can provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the
Notice of Hearing if the Director determines that such information would increase
public awareness or understanding of the proposed project.
Section 15. 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 or unconstitutional 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 16. 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
and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNT OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this T day of (i r /i 2002.
ATTEST/ AUTHENTICATED:
Ga,,,
("ie E. Cantu, CMC, City Clerk
A OVED AS TO FORM:,
Y
B 2
Office of the City Attorney
FILED WITH THE CITY CLERK: �C
PASSED BY THE c,ITY UNCIL: 9
PUBLISHED: g l Z3 Z
EFFECTIVE DATE: R 1)&
ORDINANCE NO.: 9
Steven M. Mullet, Mayor
Secure Community Transition Facility.doc 10
Eligible Parcels
Legend
m. Tukwila City Limits
1
CITY OF
TUKWILA
Eligible Parcels
for Location
of Secure
Community
Transition
Facility
Figure 18 -11
Scale: 1 1000 Feet
eing Access
NORTH
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
VARIOUS TUKWILA MUNICIPAL CODE
SECTIONS RELATING TO ZONING AND
PERMITTING FOR SECURE COMMUNITY
TRANSITION FACILITIES FOR SEXUALLY
VIOLENT PREDATORS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
On August 19, 2002, the City Council of the City of Tukwila passed
Ordinance No.1991,providing regulation of location of secure community
transition facilities so as to allow them in a manner to mitigate their potential
impacts and provide for their proper and safe operation providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
APPROVED by the City Council at its meeting of August 19, 2002.
e E. Cantu, CMC, City Clerk
Published Seattle Times: 8/23/02
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1991