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HomeMy WebLinkAbout4193AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 15.02 and 15.04 of the Kent City Code, to define opiate substitution treatment facilities" and adopt appropriate land use controls to regulate them. RECITALS A. The state of Washington has declared that while opiate substitution drugs used in the treatment of opiate dependency are addictive substances, they nevertheless have several legal, important, and justified uses and that one of their appropriate and legal uses is, in conjunction with other required therapeutic procedures, in the treatment of persons addicted to or habituated to opioids. B. Because opiate substitution drugs used in the treatment of opiate dependency are addictive and are listed as a schedule II controlled substance in chapter 69.50 RCW, the state of Washington has the legal obligation and right to regulate the use of opiate substitution treatment. The state of Washington has declared its authority to control and regulate, in consultation with counties and cities, all clinical uses of opiate substitution drugs used in the treatment of opiate addiction. 1 Amend KCC 15,02, 15,04 - Re; Opiate Substitution Treatment Faci/ity Deve/opment Conditions C. Washington state law places responsibility for the licensing and location approval of opiate substitution treatment facilities under the jurisdiction of the State Department of Social and Health Services. Pursuant to RCW 70.96A.410, the Department may only certify clinics that are in compliance with local land use ordinances. D. The Kent City Code ("KCC") does not currently define "opiate substitution treatment facilities" or provide any specific land use regulations related to the zoning of these facilities beyond those generally applicable to all medical and other health-care related clinics. E. Opiate substitution treatment facilities have land use impacts that differ from those associated with other types of medical clinics, including, but not limited to: a high volume of patients receiving daily' medical treatment during a short window of time; the distribution of'i medications that have the potential for unauthorized re -distribution by their intended recipients; and increased loitering in and around the facilities themselves. F. RCW 70.96A.410(1)(b) specifically provides that cities may require conditional or special use permits, with reasonable conditions, related to the location and operation of opiate substitution treatment facilities. G. On February 8, 2016, Planning staff presented the Land Use and Planning Board ("LUPB") with an overview of the need for a new definition and associated regulations at a workshop meeting, and received authorization to proceed with an amendment proposal. Marchthe City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce 2 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions regarding the City's proposed code amendments related to development regulations applicable to opiate substitution treatment facilities. The Washington State Department of Commerce granted the request for expedited review on March 22, 2016. No comments were received from State agencies. I. On March 14, 2016, Planning staff presented draft code amendments to the LUPB at a workshop meeting and answered questions about the proposed zoning, the City's role in regulation, and the proposed documentation requirements for the conditional use permit. J. On March 21, 2016, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City's SEPA Responsible Official issued a Determination of Nonsignificance for the code amendments. K. At its regularly -scheduled public meeting on March 28, 2016, the LUPB held a public hearing regarding the proposed code amendments related to opiate substitution treatment facilities. After considering the matter, the LUPB voted to recommended approval of the proposed amendments to the City Council. As a matter of clarification, it should be noted that two ordinances amending different portions of the same land use table in KCC 15.04.090 were considered at the same meeting, albeit after separate public hearings. L. On April 11, 2016, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly -scheduled meeting, and recommended to the full City Council adoption of the proposed code amendments. M. At its regularly -scheduled meeting on April 19, 2016, the City Council voted to adopt the amendments to portions of Chapters 15.02 and 3 Amend KCC 15.02, 15,04 - Re: Opiate Substitution Treatment Faci/ity Deve/opment Conditions 15.04 of the Kent City Code, pertaining to opiate substitution treatment facilities. N. The Kent City Council declares and finds that it is appropriate and necessary, and in the interest of the public health, safety and welfare, to define and classify opiate substitution treatment facilities and adopt land use controls to regulate these facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION �. -New Section. Chapter 15.02 of the Kent City Code, entitled "Definitions," is hereby amended to add a new section 15.02.307, entitled "Opiate substitution treatment facility," to read as follows: Sec. 15.02.307. Opiate substitution treatment facility. Opiate substitution treatment facility means an agency, business, clinic or other facility that administers opiate substitution treatment services, including the dispensing of approved opioid agonist treatment medication used in the treatment of opiate dependency, in accordance with RCW 70.96A.400 through 420, and WAC 388-87713-0400, et seq. SEC7"ION 2. -Amendment. Chapter 15.04.090 of the Kent City Code, entitled "Service land uses," is hereby amended to read as follows: 4 Amend KCC 15, 02, 15.04 Re: Opiate Substitution Treatment Facility Development Conditions M WOL 5 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Deve/opment Conditions Zoning Districts Key P Principally Permitted Uses S = Specia Uses C Conditional Uses A N to Accessory Ill. -1 rl F� c� i x *{ N 74 N U Uses o .� M oo a r U U 1- i- U U U . -� 1 N M a a m cn m m rn i i i i i ME Z U A D i i i (U9 Finance, P P P P P P P P P P P P insurance, (22 (1) (2) real estate ) (12 services ) Personal P P P P P P P P P P P P services: (22 (12 (10 (10 (2) laundry, dry ) ) ) ) (10 cleaning, ) barber, salons, shoe repair, launderettes P P P P Mortuaries (12 Home day- P P P P P P P P P P P P P P P P P P P P P P P P P P P P care Day-care C C C IC C C C P P P P P P P P P P P P P P P P P P P P P center Business P P P P P P P P P P services, (12 (2) duplicating ) and blue printing, travel agencies, and employment agencies Building P P P P P P P maintenance (2) and pest control Outdoor P P A A A A P storage C (including (9) truck, heavy equipment, and contractor 5 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Deve/opment Conditions 6 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions Zoning Districts Key P Principally Permitted Uses S = Specia Uses C Conditional Uses Accessory Ln H _ +; cv ,-� N U Uses o� �+ M �o 00 G' aLU I V U U IU- H U $ U Q Q (n Ul !A IA to L S Z U U ® D i U U o storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) Rental and P P P P P P P leasing (2) services for cars, trucks, trailers, furniture, and tools Auto repair C P P P P P P and washing (21 services ) (23 (including body work) Repair P P P P P P P P P services: (12 (2) watch, TV, ) electrical, electronic, upholstery Professional P P P P P P P P P P P services: (20 (2) medical, ) clinics, and other health care -related services Opiate CQ substitution treatment facility Heavy P P P C P equipment (9) and truck repair Contract P P P P P P P P construction (16 (16 (17 (17 (2) service ) ) ) ) (17 6 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions 7 Amend KCC 15.021 Zoning Districts Key P Principally Permitted Uses S = Specia Uses C Conditional Uses Accessory FNS- H C7 L •r ri N U Uses 00 � rn et w 00 OC a S U U U F^ F U x U ri rl N M 6 U• Q (n (Jl U1 Ul U1 Z U U fa a U U W offices: ) building construction plumbing, paving, and landscaping Educational P P P P P P P P P services: (2) vocational, trade, art, music, dancing, barber, and beauty S S S S S SS S S S S S S S S S S S S S S S S Churches (4 (4) (4) (4) (4) (4) (4 (4 (4 (4 (4 (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Administrati P P P P P P C P P P P P ve and (12 (2) professional ) offices - general P P P P P P P P P P P P P Municipal (13 (13 (13 (13 (13 (13 (13 (13 (13 (13 (2) (13 uses and ) ) ) ) ) ) ) ) ) ) (13 ) buildings ) Research, P C P P P P P P P development (2) (14 , and testing ) Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A uses and (7) (24 (24 (24 (24 (18 (18 (19 (19 (19 (19 (19 (18 (18 (18 structures (24) ) ) ) ) ) ) ) ) ) ) ) ) ) customarily ) appurtenant to a permitted use Boarding C C C kennels and breeding establishme nts Feerinary C P P P P P ics and (8) (8) (8) (8) (8) 15.04 Re: Opiate Substitution Treatment Facility Development Conditions 8 Amend KCC 15,02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions Zoning Districts Key P Principally Permitted Uses S = Specia Uses C Conditional Uses A N %0 Accessory LA*� ri ", N Uses o M V m 00 o N U ri U U U U H h U M Q Q fd UI Ul (n U1 ^L ^L ^L Z U a ® i i i U U (D i X veterinary hospitals Administrati P P P P P ve or executive offices which are part of a predominant industrial operation Offices A A A A A incidental and necessary to the conduct of a principally permitted use 8 Amend KCC 15,02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions SECTION .3. - Amendment. Section 15.04.100 of the Kent City Code, entitled Service land use development conditions," is hereby amended to read as follows: Sec. 15.04.100 Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to 25 percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. [Resented]7Opiate substitution treatment facilities are permitted only with a conditional use permit, and must provide indoor waiting areas of at least 15 percent of the total floor area. In addition to the general requirements of KCC 15.08.030 all applications shall contain and be approved by the city based on the following information. a. A detailed written description of the proposed and potential services to be provided, the source or sources of funding, and identification of any applicable public regulatory agencies; b. A written statement of need, in statistical or narrative form, for the proposed project currently and over the following ten-year period; 9 Amend KCC 25.02, 25.04 - Re; Opiate Substitution Treatment Facility Development Conditions c. An inventory of known, existing or proposed facilities, by name and address, within King County, or within the region, serving the an or similar needs as the proposed facility; d. An explanation of the need and suitability for the proposed facility at the proposed location; e. An analysis of the proposed facility's consistency with the City of Kent Comprehensive Plan and development regulations, and plans and policies of other affected jurisdictions, including but not limited to the King County Countywide Planning Policies; f. Documentation of public involvement efforts to date, including public and agency comments received and plans for future public participation and g. A proposed "good faith" agreement for neighborhood partnership This agreement shall state the goals of the partnership and address loitering, prevention steps the facility owner/operator will take as well as frequency of planned maintenance and upkeep of the exterior of the facility (including, but not limited to, trash and litter removal, landscape maintenance, and graffiti). The agreement shall serve as the basis for a partnership between the city, the facility, and local businesses, and will outline steps partners will take to resolve concerns. No opiate substitution treatment facility may be located within 500 feet of an existing opiate substitution treatment facility. 4. Special uses must conform to the development standards listed in (CC 15.08.020. 10 Amend KCC 15,02, 15,04 - Re: Opiate Substitution Treatment Faci/ity Development Conditions 5. [Reserved]. 6. [Reserved]. 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 8. Veterinary clinics and animal hospitals when located no closer than 150 feet to any residential use, provided the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. 9. Those uses that are principally permitted in the M3 zone may be permitted in the M2 zone via a conditional use permit. 10. Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services, and fur repair and storage services. li. [Reserved]. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses. a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as 11 Amend KCC 15,02, 15,04 - Re; Opiate Substitution Treatment Facility Development Conditions apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops, bW Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and tavernsM e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 12 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Facility Development Conditions IN !Gowe Vvg Z3 ',QNN N, Vti e`er Q 13. Except for such uses and buildings subject to KCC 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. [Reserved]. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 13 Amend KCC 25.02, 15.04 - Re: Opiate Substitution Treatment Facility Deve/opment Conditions 1V . Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body work, and washing services are permitted only under the following conditions: a. The property is also used for heavy equipment repair and/or truck repair; and b. Gasoline service stations that also offer auto repair and washing services are not permitted in the M3, general industrial zoning district. 22. Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. 23. Auto repair, including body work, and auto washing services shall be allowed in the general industrial (M3) zoning district as follows. a. For adaptive reuse of existing site structures, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Existing site structures do not have dock high loading bay doors, where the finished floor is generally level with the floor of freight containers; and His All ground -level bay doors of existing structures have a height of less than 14 feet, which would generally impede full access to freight containers; and 14 Amend KCC 15.02, 15.04 - Re: Opiate Substitution Treatment Faci/ity Deve/opment Conditions ivR Existing site structures have a clear height from finished floor to interior roof trusses of less than 20 feet; and v. Maximum building area per parcel is not greater than 40,000 square feet. b. For proposed site development, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Based on parcels existing at the time of the effective date of the ordinance codified in this section, the maximum parcel size is no greater than 40,000 square feet. 24. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION 4. -Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5, -Corrections by City Clerk or Code Reviser. Upon approvaI 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; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. -Effective Date. This ordinance shall take effect and be in force thirty 30 days from and after its passage, as provided by law. 15 Amend KCC 25.02, 25.04 Re; Opiate Substitution Treatment Faci/ity Deve/opment Conditions ATTEST: APPROVED AS TO FORM: PASSED: day of APPROVED: day of , 2016. PUBLISHED: ' day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. p:\civil\ordinance\amend 15.02 and 15.04 opiate NALD F. ,.�10 CLERK EAL) 16 Amend KCC 15.02, 15.04 - Re; Opiate Substitution Treatment Faci/ity Development Conditions