HomeMy WebLinkAboutReg 2009-09-8 Item 7B - Ordinance - Moratorium on Crisis Diversion Facilities for Mentally Ill & Chemically-Dependent Adults COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 09-122 I ORIGINAL AGI;N1) DATI SEPTEMBER 8, 2009
AGI ITEM Trri.E. An ordinance adopting a six -month moratorium relating to diversion facilities and
diversion interim service facilities.
C.VI•I G( )RY Discussion Motion Resolution Ordinance Bid _Award E Public Hearing Other
Alt& Date 09/08/09 A /1tg Date Mtg Date 11/118 Date 09/08/09 Alts Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal n P &R Police PlV
S! )NSOR'S The Council is being asked to consider and approve an ordinance establishing a six -month
SUMMARY moratorium on the receipt and processing of building permit applications, land use
applications and any other permit application for diversion facilties and diversion interim
service facilities. A public hearing must be held by November 8, 2009 for the purpose of
adopting findings and conclusions in support of the provisions of the ordinance.
RINIIWI?D BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE: N/A Emergency
RECOMMENDATIONS:
SPONSOR /ADMIN. Adoption of ordinance
COMM
COST IMPACT FUND SOURCE
ExPi NDITuRI? Ri:QuIRI AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
09/08/09
MTG. DATE ATTACHMENTS
01/01/09 Informational Memorandum dated 09/02/09
Ordinance in draft form
TO:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
Ordinance in draft form
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, Community Development Director
DATE: September 2, 2009
SUBJECT: Adopting a six -month moratorium on establishing uses such as diversion
facilities and diversion interim service facilities.
Should the city establish a six -month moratorium on establishing uses such as diversion
facilities and diversion interim service facilities?
Jim Haggerton, Mayor
In recent weeks, City of Tukwila has been approached by several agencies to allow crisis
diversion facilities and crisis diversion interim service facilities in our city. 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.
These facilities are typically licensed by the Department of Health as Residential Treatment
Facilities and by the Department of Social and Health Services and Mental Health Division as
Adult Residential Treatment Facilities. Tukwila Municipal Code does not currently have specific
provisions that address these types of facilities. In order 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 the Council is being asked
to consider adopting a six month moratorium on establishing such uses.
Approve the ordinance establishing a six -month moratorium upon receipt and processing of
building permit applications, land use applications and any other permit application for diversion
facilities and diversion interim service facilities. Staff will report back to the City Council with a
work plan and provide policy options for further discussion. A public hearing must be held by
November 8, 2009 for the purpose of adopting findings and conclusions in support of the
provisions of the ordinance.
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 TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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