HomeMy WebLinkAboutOrd 2248 - Moratorium on Crisis Diversion Facilities for Mentally Ill & Chemically-Dependent Adults (Repealed by Ord 2278) 4 1 I A y
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1908 City of u la
Washington
Ordinance No. 2248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO DIVERSION FACILITIES AND
DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF
MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS,
ADOPTING A SIX -MONTH MORATORIUM ON ESTABLISHING SUCH
USES, AND ON THE ACCEPTANCE AND /OR PROCESSING OF
APPLICATIONS RELATED THERETO; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY 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, in recent weeks, several communities in South King County have been
approached by certain entities to allow crisis diversion facilities and crisis diversion
interim service facilities in the city; 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 stays 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, the Tukwila City Council has determined that City staff should work
to prepare options for zoning regulations for the City Council's consideration; and
WHEREAS, as required by RCW 35A.63.220, the Tukwila City Council will hold a
public hearing within 60 days of the passage of this ordinance; and
WHEREAS, the potential adverse impacts on the public health, property, safety
and welfare of the City and its residents, as discussed, justify the declaration of an
emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Imposed. The City hereby imposes a moratorium 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.
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Section 2. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing will be
held by November 8, 2009 for the purpose of adopting findings and conclusions in
support of the provisions of this ordinance.
Section 3. Duration. The moratorium imposed hereunder shall be in effect until
March 8, 2010, unless extended by the City Council pursuant to State law
Section 4. 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 5 Declaration of Emergency Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public
emergency exists, necessitating that this ordinance take effect immediately upon its
passage by a majority plus one of the whole membership of the Council in order to
protect the public health, safety, property, and general welfare. This ordinance shall
take effect and be in full force immediately upon passage by the City Council. A
summary of this ordinance may be published in lieu of publishing the ordinance in its
entirety
PASSED BY THE CITY COUNCIL OF THE CITY OF TUK WASHINGTON,
at a Regular Meeting thereof this S TN day of SQ 1 Q 110.i 2009
ATTEST/ AUTHENTICATED.
Christy O'Flaherty, CMC, City Clerk
APPRO<VF;70 RM BY
Office of the Cit /i i ey
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aggerto or
Filed with the City Clerk: 9— c O 9
Passed by the City Council. 9— c? O9
Published. A 1 4)9
Effective Date: I F 09
Ordinance Number ;-.1)- Li A
Page 2 of 2
SUMMARY OF
Ordinance No 2248
City of Tukwila, Washington
On September 8, 2009 the City Council of the City of Tukwila, Washington, adopted
Ordinance No 2248, the main points of which are summarized by its title as follows
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO DIVERSION FACILITIES AND
DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF
MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS,
ADOPTING A SIX -MONTH MORATORIUM ON ESTABLISHING SUCH
USES, AND ON THE ACCEPTANCE AND /OR PROCESSING OF
APPLICATIONS RELATED THERETO; PROVIDING FOR SEVERABILITY,
AND DECLARING AN EMERGENCY 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 September 8, 2009
Published Seattle Times September 14, 2009
a 7,4A
Christy O'Flah &rty, CMC, City C (4rk