HomeMy WebLinkAboutReg 2011-05-02 Item 5 - Public Hearing - Amend Crisis Diversion Facilities Ordinances COUNCIL AGENDA SYNOPSIS
lnitials ITEMNO.
r Meeting Date Prepared by Mayor's review I Coulzeil review
I 04/25/11 I BM
I 05/02/11 I BM C*—
I I I I I �-O
ITEM INFORMATION
I CAS NUMB FI 11-047 1 STAFF SPONSOR: BRANDON MILES IORIGINALAGENDA D ATE: 4/25/11
r1c;i:ND Irr.NITrrLi Amending various City Ordinances, specifically Ordinance No. 2287, to expand the
possible areas in which Div ers ion Fac ilities an Diversion Interim S e rv ice Facilities
can locate.
Cxr1'X;OI2Y Discussion Motion Resolution Ordinance BidArvard Q PublicHearin,g ❑Other
141tg Date 04125/11 Mtg Date Mtg Date Mig Date 512111 tAltg Date Mtg Date 5/2/ 11 Mt Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PV
SPONSOR'S On May 17, 2010, the City Council adopted Ordinance No. 2287, which provided a definition of
SUMMARY crisis diversion (CDF) and crisis diversion interim service facilities (CDIS). The ordinance was
necessary because the City's Zoning Code as it existed at the time, did not address the siting of
such facilities within the City and thus did not provide predictability to a possible applicant. In
January of 2011, the Board invalidated Ordinance No. 2287. The Growth Management Hearings
Board remanded the Ordinance back to the City for corrective action.
Ri :V1I"W1sD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE NONE, EMERGENCY
COST IMPACT FUND SOURCE
EYPI:NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Coinments: N/A
MTG. DATE I RECORD OF COUNCIL ACTION
4/25/11 I Committee of the Whole discussion and forwarded to next Regular Meeti nq
I
MTG. DATE I ATTACHMENTS
04/25/11 I Ordinance in draft form; 2/4/11 email from A. Shoenfeld, King County to Brandon Miles
King County Dept. of Assessment Data for: 4202 6 Ave S. and 1600 S. Lane St.
King County Dept. of Assessment Data for: 1407 Dearborn, 66 S. Hanford
Pierce Co. Assessor info for 409 Puyallup Ave
Application materials from City of Tacoma re: proposed Recovery Innovation facility
Crisis Solutions Center F.A.Q.
City of Tukwila Comprehensive Plan Page 178 (December 2008)
Map identifying area where CDF CDIS Facilities are permitted as an Unclassified Use
Excel data from GIS; data from NW Property.net; excerpts from www.jpae.org
05/02/11 Ordinance in f "n l form (Please bri nq 4(W�1 Ci c e t to eterence bacKUp documents
with amended W�iE�tEAS clauses as approve y y y 1
2
5
I
'la
of i uKwi
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED
IN TUKWILA' MUNICIPAL CODE TITLE 18, "ZONING CODE," TO
MODIFY THE DEFINITION OF DIVERSION FACILITIES; TO EXPAND
THE LOCATIONS PERMITTED FOR DIVERSION FACILITIES AND
DIVERSION INTERIM SERVICES FACILITIES; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, on May 17, 2010, the Tukwila City Council, following public input and
following a recommendation from the City's Planning Commission, adopted Ordinance
No. 2287, which provided definitions of Diversion Facilities and Diversion Interim
Services Facilities and permitted such uses in the C /LI zone; and
WHEREAS, Ordinance No. 2287 became effective on May 25, 2010; and
WHEREAS, on January 4, 2011, the Central Puget Sound Growth Management
Hearings Board invalidated Ordinance No. 2287, based upon its belief that the
ordinance did not comply with the Washington State Growth Management Act; and
WHEREAS, due to the decision of the Central Puget Sound Growth Management
Hearings Board, the Tukwila City Council declares that an emergency exists pursuant to
Tukwila Municipal Code Section 18.80.020 (4), and thus this ordinance does not have to
comply with the docket provisions of Tukwila Municipal Code Section 18.80.020; and
WHEREAS, the Tukwila City Council supports proposed Diversion Facilities and
Diversion Interim Services Facilities and desires to create a predictable siting process
so these services can be located appropriately in a zone that is supportive of the use,
and to the extent possible, does not cause harm to the surrounding properties; and
WHEREAS, King County has awarded a contract to locate a crisis diversion facility
at 1600 S. Lane Street in the City of Seattle, and the City of Seattle does not specifically
define Diversion Facilities in their development regulations; and the proposed location in
the City of Seattle has encountered public opposition from the surrounding property
owners and residents who objected to a process that permitted the use to be located
without any public input; and
W: Word Processing \Ordinances \Diversion Facilities- revise definition locations -final 4 -28 -11
BM:bjs Page 1 of 5
3
WHEREAS, the proponents of a proposed diversion facility in the City of Tacoma
withdrew their application following significant public outcry about the proposed facility
location and, like the City of Seattle, the City of Tacoma did not specifically define
Diversion Facilities in the City's Zoning Code, and
WHEREAS, by not identifying acceptable areas of the City and providing a
predictable process, taxpayer dollars could be wasted and the establishment of these
important services could be delayed; and
WHEREAS, the City of Tukwila wishes to avoid the situations that have occurred in
the cities of Tacoma and Seattle by providing broad, but specific, areas of the City
where Diversion Facilities and Diversion Interim Services Facilities can safely and
effectively locate, in turn, reducing the mitigation requirements for their proponents; and
WHEREAS, as with the adoption of Ordinance No. 2287, the City attempted to
engage our regional partners in order to develop land use regulations that meet their
needs; and
WHEREAS, crisis diversion facilities require the regular interaction of the host city's
law enforcement in their operations in order to be successful; and
WHEREAS, because Tukwila is one of the smallest jurisdictions in King County, the
City Council contends that the placement of diversion facilities must be within areas of
the City that have efficient and effective law enforcement response, without dangerously
diverting resources from other areas that need a police presence; and
WHEREAS, as part of the public process for the adoption of Ordinance No. 2287,
the City Council received testimony that locating Diversion Facilities and Diversion
Interim Services Facilities near a mall could interfere in the clinical success of both
facilities; and
WHEREAS, Diversion Facilities serve a regional area and need to be located in
areas that have excellent regional access; and
WHEREAS, the City expended considerable time and resources analyzing the
nature and effect of such facilities visa -vis the safety of its own citizens and that of the
prospective consumers of a sited Diversion Facility and Diversion Interim Service
Facilities, and
WHEREAS, on April 25, 2011, the City Council reviewed a Staff Report dated
April 20, 2011; and
WHEREAS, on May 2, 2011, the Tukwila City Council, following public notice, held
a public hearing to receive testimony concerning the proposed ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Defiiniifion Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code (TMC) Chapter 18.06, is amended to read as follows:
W: Word Process inglOrdinances\Diversion Facilities- revise definition locations -final 4 -28 -11
BM:bjs Page 2 of 5
4
"Diversion facility" is a facility that provides community crisis services, which diverts
people from jails, hospitals or other treatment options due to mental illness or chemical
dependency, including those facilities that are considered "Triage facilities" under RCW
71.05.020 (43) and those facilities licensed as crisis stabilization units by the State of
Washington.
Section 2. Ordinances Amended. Ordinance Nos. 2287 §19, 2097 §16, 2084 §2
(part), and 1758 §1, as codified at TMC Section 18.28.050, are amended to read 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 TMC Chapter 18.66, Unclassified Use Permits:
1. Airports, landing fields and heliports (except emergency sites).
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.
6. Diversion facilities and diversion interim services facilities provided they are
located greater than one third of a mile from a mail as defined in TMC Chapter 18.06.
Section 3. Ordinances Amended. Ordinance Nos. 2287 §22, 1991 §5, 1976 §53,
and 1758 §1, as codified at TMC Section 18.30.050, are amended to read 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 in TMC Chapter 18.66, Unclassified Use Permits.
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.
8. Diversion facilities and diversion interim services facilities provided they are
located south of Interstate 405.
W: Word Processing\Ordinances\Diversion Facilities- revise definition locations -final 4 -28 -11
BM:bjs Page 3 of 5
5
Section 4. Ordinances Amended. Ordinance Nos. 1991 §T, 1865 §41, and 1758
§1, as codified at TMC Section 18.34.050, are amended to read 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 TMC Chapter 18.66, Unclassified Use Permits.
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.
13. Diversion facilities and diversion interim services facilities provided they are
located south of Interstate 405.
Section 5. Ordinances Amended. Ordinance Nos. 2235 §9, 1991 §10, 1976 §61,
1865 §47, and 1758 §1, as codified at TMC Section 18.40.050, are amended to read 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 TMC Chapter 18.66, Unclassified Use Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Electrical substation transmission /switching.
4. Essential public facilities, except those uses listed separately in any of the
districts established by this title.
5. Hydroelectric and private utility power generating plants.
W: Word Processing \Ordinances \Diversion Facilities- revise definition locations -final 4 -28 -11
BM:bjs Page 4 of 5
6
6. Landfills and excavations which the responsible official, acting pursuant to the
State Environmental Policy Act, determines are significant environmental actions.
7. 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.
8. Railroad freight or classification yards.
9. Removal and processing of sand, gravel, rock, peat, black soil, and other
natural deposits together with associated structures.
10. Transfer stations (refuse and garbage) when operated by a public agency.
11. Mass transit facilities.
12. Diversion facilities and diversion interim services facilities.
Section 6. 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 7. Declaration of Emergency Effective Date. On January 4, 2011 the
Central Puget Sound Growth Management Hearings Board invalidated City of Tukwila
Ordinance No. 2287 and provided a compliance date of June 10, 2011 for the City of
Tukwila to comply with the Order. Due to the invalidation by the Central Puget Sound
Growth Management Hearings Board 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 2011.
ATTEST/AUTHENTICATED-
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council
Published
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
W: Word Processing \Ordinances \Diversion Facilities- revise definition locations -final 4 -28 -11
BM:bjs Page 5 of 5
7
8