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
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5 Amend KCC 15.02, 15.04 -
Re: Opiate Substitution Treatment Facility
Deve/opment Conditions
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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
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6 Amend KCC 15.02, 15.04 -
Re: Opiate Substitution Treatment Facility
Development Conditions
7 Amend KCC 15.021
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15.04
Re: Opiate Substitution Treatment Facility
Development Conditions
8 Amend KCC 15,02, 15.04 -
Re: Opiate Substitution Treatment Facility
Development Conditions
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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
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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
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16 Amend KCC 15.02, 15.04 -
Re; Opiate Substitution Treatment Faci/ity
Development Conditions