Loading...
HomeMy WebLinkAboutOrd 2259 - Findings of Fact for Moratorium on Crisis Diversion FacilitiesCity of Tukwila Washington Ordinance No. ag p AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DIVERSION FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS, ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2248; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on September 8, 2009, the Tukwila City Council passed Ordinance No. 2248, which declared an emergency necessitating the immediate imposition of a moratorium on the receipt and processing of building permit applications, land use applications and other permit applications for diversion facilities and diversion interim service facilities; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the City is required to hold a public hearing within 60 days of adoption of a moratorium, and to adopt Findings of Fact; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council adopts the following Findings of Fact in support of the moratorium adopted by Ordinance No. 2248: 1. On August 6, 2006, King County advertised a Request for Proposals No. 1207 09RLD (hereafter "RFP to solicit sealed proposals to operate a crisis diversion facility and/ or a diversion interim service facility. 2. The RFP included the "ideal geographical" location as south of downtown Seattle and north of Southcenter. This geographical location targets Tukwila as well as other South King County communities. 3. On September 15, 2009, the City filed a public records request with King County for all documents pertaining to the RFP, proposed diversion facilities and diversion interim service facilities. The City received a significant amount of documents from King County on October 20, 2009. 4. On October 21, 2009, City staff met with King County staff to discuss crisis diversion facilities and diversion interim service facilities. 5. 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. 6. The proposed facilities have varying lengths of stays for their residents, generally ranging from less than 24 hours to two weeks or longer. 7. 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 highly inconsistent W \Word Processing \Ordinances \Diversion Facilities.doc BM.ksn 11/02/2009 Page 1 of 2 with residentially -zoned uses. Additionally, these facilities may also be inconsistent with some commercial and industrial zoned uses. 8. The Tukwila Municipal Code does not currently have a specific provision addressing the use of property for such facilities. 9. The Tukwila City Council has determined it is in the best interest of the City to prevent major investment and/ or vested rights to develop such facilities in conflict with the Comprehensive Plan and the City's intent to carefully and thoroughly plan for and provide appropriate regulations. 10. Pursuant to RCW 35A.63.220, the City adopted Ordinance No. 2248, establishing a six -month moratorium to allow the City adequate time for staff to study zoning impacts and the impacts to City resources associated with siting of crisis diversion facilities and diversion interim service facilities within the City. 11. Department of Community Development staff has presented a staff report to the City Council that outlines a tentative schedule for examining the impacts associated with crisis diversion facilities and diversion interim service facilities within the City. 12. The City Council, following public notice, conducted a public hearing regarding the moratorium on November 2, 2009. 13. The City supports the work of the Mental Illness Drug Dependency Committee and wants to work cooperatively with King County on regional issues. 14. The potential adverse impacts on the public health, property, safety and welfare of the City and its residents, as set forth above, justify the need for the moratorium. 15. The City Council has considered the foregoing facts, materials and testimony. Section 2. 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 3. 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 O THE CITY OF TUKWI A, WASHINGTON, at a Regular Meeting thereof this nC day of 00 Qom t' 2009. ATTEST/ UTHENTICATED: Christy O'F1al erty, CMC, City erk W \Word Processing \Ordinances \Diversion Facilities.doc BM:ksn 11/02/2009 HaggeGfiyor Filed with the City Clerk: d 10 9 Passed by the City Council:) 0 9 Published: 1 5 0 Effective Date: /a O Ordinance Number: Page 2 of 2 SUMMARY OF Ordinance No. 2259 City of Tukwila, Washington On November 2, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2259, 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 FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS, ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY 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 November 2, 2009. Published Seattle Times: November 5, 2009. QP Christy O'Flahert�Y, CMC, City Clerk