HomeMy WebLinkAboutCOW 2011-10-24 Item 3 - Public Hearing - Ordinance Repealing Ord 2332 / Amending Ord 2287 Regarding Crisis Diversion FacilitiesCOUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NuNIHIT: STAFF SPONsolt: BRANDON MILES ORIGINrU,AGI-NDA DA'rr_;: 10/24/11
,\c;I-.N1) ITI.M TrI I.1 An Ordinance Repealing Ordinance No. 2332 regarding Crisis Diversion Facilities.
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SPC>NSO1t's On May, 2, 2011, the City Council declared an emergency and adopted Ordinance No. 2332
;SI_In,1�l:�li� in order to respond to a decision by the Central Puget Sound Growth Management Hearing
Board, which invalidated Ordinance No. 2287. Since the Council adopted Ordinance No.
2332, King County Superior Court reversed the Board's decision regarding Ordinance No.
2287. As a result of the Court's decision, Ordinance 2287 remains in effect. The Council is
being asked to conduct the public hearing and repeal Ordinance No. 2332 on 11/7/11.
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Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: OCTOBER 10, 2011 COMMITTEE CHAIR: S EAL
RECOMMENDATIONS:
SP0Nsox /Ai)m1N. Department of Community Development
COM1 I]TE,r Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
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I MTG.DATEI RECORD OF COUNCIL ACTION
10/24/11
I MTG.DATEI ATTACHMENTS
10/24/11 I Informational Memorandum dated 9/30/11
Draft Ordinance
Minutes from the Community Affairs and Parks Committee meeting of 10/10/11
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Brandon J. Miles, Senior Planner
DATE: September 30, 2011
SUBJECT: An Ordinance repealing Ordinance #2332 regarding Crisis Diversion Facilities
ISSUE
Should Tukwila City Council Ordinance #2332 which expanded the areas in the City where Crisis
Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS) can locate via an
unclassified use permit (UUP) be repealed?
NOTE
This staff report supplements previous staff reports and memos that were presented to the City
Council and the Planning Commission. These staff reports and memos were provided at the
following meetings:
1. May 2, 2011 (Regular Meeting)
2. April 25, 2011 (Committee of the Whole)
3. May 17, 2010 (Regular Meeting)
4. May 3, 2010 (Regular Meeting)
5. April 12, 2010 (Committee of the Whole)
6. March 15, 2010 (Regular Meeting)
7. March 8, 2010 (Community Affairs and Parks)
8. February 25, 2010 (Planning Commission)
9. February 22, 2010 (Committee of the Whole)
Given that the Council already reviewed these documents and their related attachments, staff has
not provided them in this staff report; however they are part of the legislative record for this draft
Ordinance and staff would be more than happy to provide additional copies upon request.
BACKGROUND
On May 17, 2010, the City Council adopted Ordinance No. 2287 which provided a definition of CDF
and CDIS facilities. The Ordinance was necessary because the City's Zoning Code as it existed at
time, did not address the siting of such facilities within the City and thus did not provide predictably
to a possible applicant.
The adoption of Ordinance 2287 followed an in -depth and comprehensive review of the issues
regarding CDF and CDIS facilities. During the City's review of CDF and CDIS facilities, the
Planning Commission held one public hearing and the City Council allowed public testimony at
three public meetings. Additionally, City staff met regularly with providers who were knowledgeable
in the operations of CDF and CDIS facilities and the City engaged our regional partners. The result
was an Ordinance that balanced the needs of the CDF and CDIS facilities with the very real impacts
that such facilities could have on the host City and surrounding properties. Ordinance No. 2287
allowed CDF and CDIS facilities to be located within the Commercial /Light Industrial (C /LI) zoned
properties along West Valley Highway. The City Council's decision to limit both the CDF and CDIS
K,
INFORMATIONAL MEMO
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to West Valley Highway was largely based on the impacts such facilities would have on the City's
Police Department and the need to locate the facilities in a "remote" area as outlined by one of the
potential providers of both the CDF and CDIS.
Ordinance No. 2287 was challenged before the Central Puget Sound Growth Management Hearing
Board "Board In January of 2011, the Board invalided Ordinance No. 2287. In its decision, the
Board asserted that Ordinance No. 2287 did not comply with the provisions of the Growth
Management Act "GMA The Board remanded Ordinance No. 2287 to the City for corrective
action. The City promptly filed an appeal of the Board's decision to King County Superior Court.
On September 16, 2011 the Honorable Judge Jay White considered the City's appeal. The judge
reversed the Board's decision based upon his finding that the Board engaged in an unlawful
procedure; the Board's decision was an erroneous interpretation and /or application of law; and was
not supported by substantial evidence. Judge White also reversed the Board's finding of invalidity.
As a result, Ordinance 2287 is in effect.
While the City's appeal was pending, the City adopted Ordinance No. 2332 which was an attempt to
respond to the Board's Order of invalidity. Ordinance 2332 expanded the area of the City where
CDF and CDIS facilities could locate. Under Ordinance 2332, CDF and CDIS facilities could locate
in non residential zones south of 405, provided the facilities were at least 1/3 of a mile from a mall
as defined by TMC 18.06. The City also used the adoption of Ordinance 2332 as an opportunity to
amend the definition of CDF facilities in order to be consistent with legislation that was adopted by
the Washington State Legislature.
DISCUSSION
Ordinance No. 2332 was adopted to respond to the Order issued by the Board. Now that King
County Superior Court has overturned the Board, the City does not need to comply with the Order
of Invalidation, thus the second Ordinance (2332) is not needed.
Ordinance No. 2287 reflects a lengthy process that included significant public participation and
considerable amount of analysis and research, by the Planning Commission, City Staff, and the City
Council. In order to adopt Ordinance 2332 and to respond to the Order of the Board, the City was
forced to declare an emergency. Using emergency declarations to enact Ordinances, while
perfectly legal, does not allow the type of pubic participation and outreach envisioned by the City.
While Ordinance 2332 included a significant amount of detailed analysis, it lacks the public
participation that took place with Ordinance No. 2287. Ordinance 2332 should be repealed.
Staff recommends retaining the revised definition that was included in Ordinance No. 2332.
RECOMMENDATION
The Council is being asked to hold a public hearing on October 24, 2011 and consider this time at
the October 24, 2011 Committee of the Whole meeting and subsequent November 7, 2011 Regular
Council meeting.
The attached Ordinance would:
1. Repeal Ordinance No. 2332; and
2. Retain the definition of CDF facilities that was included in Ordinance No. 2332.
ATTACHMENTS
Draft Ordinance
WA2011 Info Memos- CouncihCrisisDivers ion Repea12332 .doc
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2332;
AMENDING ORDINANCE NO. 2287, AS CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06, TO MODIFY THE DEFINITION
OF CRISIS DIVERSION FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May, 17, 2010, following considerable public input and a
recommendation from the City's Planning Commission, the Tukwila City Council
adopted Ordinance No. 2287, which provided definitions of Diversion Facilities and
Diversion Interim Services Facilities and permitted such uses within portions of the
Commercial /Light Industrial 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 "the Board invalidated Ordinance No. 2287 based on the Board's
belief that the ordinance did not comply with the Washington State Growth Management
Act; and
WHEREAS, the City promptly filed an appeal of the Board's decision to King
County Superior Court seeking review under the Administrative Procedures Act; and
WHEREAS, while the City's appeal of the Board's order was pending and in order
to respond to the Board's order of invalidity, the City Council adopted Ordinance No.
2332, which expanded the geographical area for Diversion and Diversion Interim
Services Facilities; and
WHEREAS, in order to meet the compliance date specified by the Board the City
was forced to declare an emergency and adopted the ordinance without the level of
public participation and outreach typically provided such issues; and
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WHEREAS, on Friday, September 16, 2011, the Honorable Judge Jay White
considered the City's appeal of the Board's decision and found that the Board engaged
in an unlawful procedure and the Board's decision was an erroneous interpretation
and /or application of law and was not supported by substantial evidence, and Judge
White reversed the Board's decision in its entirety, including its finding of invalidity; and
WHEREAS, as a result of the decision by King County Superior Court, Ordinance
No. 2287 remains a valid ordinance and Ordinance No. 2332 is not necessary to comply
with the Growth Management Act, and
WHEREAS, as part of the adoption of Ordinance No. 2332, the City Council was
briefed regarding changes to State law with respect to Diversion Facilities and the
Council used the adoption of Ordinance No. 2332 as an opportunity to amend and
update the definition of Diversion Facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2332, adopted by the City Council on May 2,
2011, is hereby repealed in its entirety.
Section 2. Definition Amended. Ordinance No. 2287 §1, as codified in Tukwila
Municipal Code Chapter 18.06, is amended to read as follows:
"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 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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 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 5. 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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes
October 10, 2011 S: 00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Quinn
Staff: Derek Speck, Peggy McCarthy, Brandon Miles, Minnie Dhaliwal, Jack Pace and Kimberly Matej
Guests: Sandra Kruize
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Crisis Diversion Facilities: Ordinance Reveal and Ammendment
Staff is seeking Council approval to repeal Ordinance No. 2332 regarding the location of Crisis Diversion
(CDF) and Crisis Diversion Interim Facilities (CDIS) within the City of Tukwila. This repeal is being
requested as a result of a decision made by the King County Superior Court on September 16, 2011, which
overturned a previous decision by the Central Puget Sound Growth Management Board (Board).
Ordinance No. 2332 expanded the location of the above facilities in response to the Board's assertion that a
previous ordinance (No. 2287) did not comply with the provisions of the Growth Management Act. Since
Superior Court has reversed the Board's decision, the City is now able to repeal Ordinance No. 2332, and
revert back to original Ordinance No. 2287.
In addition to the repeal, staff is requesting an amendment to Ordinance No. 2287, which would include a
revised definition of CDF /CDIS facilities to be consistent with State legislation. This revised definition was
included in Ordinance No. 2332. A public hearing will be scheduled on this item for the October 24 COW.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION AND
PUBLIC HEARING.
B. Low Densitv Residential Zone Development Standards
Staff is seeking Committee direction on how to proceed with policy standards relative to low density
residential zone development. This item originally came forward to Council in 2007 in response to concerns
regarding development of residential infill that did not appear to be compatible with existing structures.
Concerns regarding such infill were not completely addressed at the time, and staff is now seeking policy
direction from the Committee regarding such standards.
After discussion, the Committee Members determined that it is in the best interest of the community for staff
to review the calculations for building height in regards to ill and existing structures while balancing the
needs of the community without discouraging development. This item will move forward to the Planning
Commission for review and work as appropriate and return to Committee and Council with a
recommendation. The Committee suggested that other issues such as setbacks, lot sizes and variances in
regards to low density residential development be looked at during the Comprehensive Plan review process.
FORWARD TO PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION.
III. MISCELLANEOUS
Meeting adjourned at 5:33 p.m.
Next meeting: Monday, October 24, 2011 5:00 p.m. Conference Room #3
M 8 Committee Chair Approval
ies K AM.
F
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