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HomeMy WebLinkAboutReg 2010-03-01 Item 9 - Ordinance - Moratorium Regarding Crisis Diversion Facilities RECOMMENDATIONS: SPONSOR /ADMIN. COMMI I'1 EE EXPENDITURE REQUIRED Fund Source: Comments: MTG. DATE 03/01/10 1 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 1 Prepared by 1 Maya review I pUnyi'review 03/01/10 1 BM 1/1 /i 1 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: MARCH 1, 2010 CAS NUMBER: 10-023 AGENDA ITEM TITLE An ordinance renewing a moratorium relating to diversion facilities and diversion interim service facilities. CATEGORY Discussion n Motion Resolution Ordinance n Bid Award Public Hearing Other Mtg Date 03/01/10 Mtg Date Mtg Date Mtg Date 03/01/10 Mtg Date Mtg Date 03/01/10 Mtg Date SPONSOR Council Mayor IJ Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S On September 8, 2009, the Council passed 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. The current moratorium will expire on March 8, 2010. Staff is currently working on proposed development regulations. Council review of the proposed code changes is expected in March after the current moratorium has expired. REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte I 1 Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: Council President forwarded directly to Council Department of Community Development Council President forwarded directly to Council COST: IMPACT/ FUND SOURCE AMOUNT BUDGETED MTG. DATE ATTACHMENTS 03/01/10 Informational Memorandum dated 2/24/10 Ordinance in Final Form 1 Ordinance 2259 RECORD OF COUNCIL ACTION Planning Comm. ITEM No. APPROPRIATION REQUIRED 11 12 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Nora Glerloff, Deputy Director, DCD DATE: February 24, 2010 SUBJECT: Moratorium Extension on Crisis Diversion and Crisis Diversion Interim Service Facilities within the City ISSUE Adoption of an ordinance to extend the current moratorium relating to Crisis Diversion and Crisis Diversion Interim Service Facilities within the City. The current moratorium will expire on March 8, 2010 and additional time is needed in order for the City Council to be briefed on the Planning Commission's recommendation. BACKGROUND Jim Haggerton, Mayor On September 8, 2009, the City Council adopted an ordinance establishing a six -month moratorium on the receipt and processing of building permit applications, land use applications and any other permit application for Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS) within the City. On November 2, 2009, the City Council conducted a public hearing on the proposed ordinance and adopted findings and conclusions to support the City's moratorium. The current moratorium will expire on March 8, 2010. The moratorium was passed in response to a Request for Proposal (RFP) that had been issued by King County (County) in August of 2009. The RFP solicited proposals from third parties to establish jail and hospital diversion facilities within the City. When the City reviewed the RFP it was determined that the proposed diversion facilities were not anticipated by the City's Zoning code and thus the moratorium was needed in order to allow the City to conduct research and understand the details of the County's proposal. Following adoption of the moratorium DCD began to study the County's proposal and to establish a process to site the facilities within the City. The following outlines the task completed by DCD staff: 1. Two separate public records request were filed with King County. The City has received nearly 1300 pages of documents from the County which outline the proposed uses and the County's two year plus planning process; 2. Public records requests were also filed with the cities of Bellevue and Seattle for documents regarding their involvement in the planning process; 3. Planning staff had two meetings with King County Community Health and Services Staff to discuss the proposed facilities; 4. City staff attended two Mental Illness and Drug Dependency (MIDD) Oversight Committee meetings. The MIDD is the County Advisory Committee that is tasked with developing both facilities; 5. City staff met with the cities of Seatac, Burien and Renton to discuss the regional implications of the facilities; 13 INFORMATIONAL MEMO Page 2 6. The City organized an informational meeting with County staff from the King County Prosecuting Attorney's Office and representatives from the cities of Burien, Renton and Seatac on the proposed facilities; 7. Additional information was gained from the National GAINS website and other online resources; 8. City staff met with one of the service providers to learn more about operational issues and facility needs. On February 22, 2010, the City Council referred the siting issue to the Planning Commission for their review and recommendation. As required by the Growth Management Act, DCD has also filed notice with the Department of Commerce that the City intends to modify its code to permit both the CDF and CDIS to locate within the City. Typically, the Department of Commerce requires 60 -days to review proposed code changes to a City's development regulations. The City has requested that the State expedite their review in order to allow for an ordinance siting the CDF and CDIS to go before the City Council; however we have yet to receive notification from the Department of Commerce that they have granted our request for expedited review. DISCUSSION The current moratorium will expire on March 8, 2010. This memo is being written before the Planning Commission meets on February 25, 2010. Hopefully, after the Planning Commission has met, staff will be able to provide a draft ordinance to the City Council for their review and consideration. The City's normal process for reviewing ordinances requires that the Planning Commission's recommendation is forwarded to Community Affairs and Parks before going to the Committee of the Whole. In order to complete the Council's review process, DCD recommends that the moratorium be extended 90 -days in order to allow Council to review the work of the Planning Commission and so that the City can receive Notice from the Department of Commerce that they have completed reviewing the City's development code changes. Extending the moratorium will prevent individuals from making major investments in uses that could become non conforming once the City adopts an ordinance allowing for the siting of Crisis Diversion and Crisis Diversion Interim Service facilities within the City. Additionally, extending the moratorium will ensure that the final location complies with the City's Comprehensive Plan Policies. RECOMMENDATION Staff recommends that the current moratorium be extended an additional 90 -days in order to complete the City's legislative process. The moratorium will now expire on June 1, 2010. ATTACHMENTS A. Proposed Ordinance B. Ordinance 2259 14 W:12010 InfoMemos \MoratoriumExtension3- 1- 10.doc Citv of Tukwila Washington Ordinance No. 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 15 16 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 day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W \Word Processing \Ordinances\Diversion Facilities Moratorium Renewal doc SK:ksn 2/252010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 City of Tukwila Washington Ordinance No. DSc/ 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 17 18 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 re day of Y1) (9) F' l-Qt" 2009. ATTEST UTHENTICATED: Christy O'F1a5erty, CMC, City t'lerk APPROVED_ of the Cjty't ney BY: W Word Processing \Ordinances\ Diversion Fadlities.doc BM:ksn 11/02/2009 Filed with the City Clerk: 0 r)e 9 Passed by the City Council: J 0 9 Published: 1 5 -O 1 Effective Date: l 1 /0 0 `it Ordinance Number: Page 2 of 2