HomeMy WebLinkAbout4469 ORDINANCE NO.4469
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various sections
within the City's zoning code, Title 15 of the Kent
City Code, to implement amendments made to the
Revised Code of Washington during the state
legislature's special legislative session concerning
the location and operation of opioid treatment
programs, recovery residences, and harm reduction
programs.
RECITALS
A. On May 16, 2023, the state legislature commenced a special
legislative session, and on that same day it passed Second Engrossed
Second Substitute Senate Bill 5536 (SB 5536), which amended the Growth
Management Act, Chapter 36.70A RCW, to designate opioid treatment
programs, including both mobile and fixed-site medication units, recovery
residences, and harm reduction programs as "essential public facilities."
B. The term "essential public facilities" refers to public facilities
that are typically difficult to site. Cities may not use their comprehensive
plan or development regulations to preclude the siting of essential public
facilities, and#the city's comprehensive plan must include a process for
identifying and siting such facilities. A city may, however, impose reasonable
1 Amend Zoning Code -
Re: Opioid Treatment Programs
permitting requirements, including the need to obtain a conditional use
permit and require mitigation of the facility's adverse effects.
C. SB 5536 passed the state legislature and was signed by the
Governor on May 16, 2023. The statutory amendments made by SB 5536
regarding these programs and facilities are effective August 15, 2023. Given
this limited timeframe, the City recognizes the need to act quickly and
amend the City's zoning code for consistency with the changes in state law.
D. The zoning code changes made by this ordinance are an initial
attempt to bring the City's regulations concerning these programs and
facilities into compliance with state law and the requirements for the siting
essential public facilities. Significant work remains to be done and further
study of the issues and impacts involved with these programs and facilities
is needed. The City intends to continue research and evaluation related to
these programs and facilities through the periodic update process for the
Comprehensive Plan.
E. On June 2, 2023, the City's SEPA Responsible Official issued an
Addendum to the 2016 Determination of Nonsignificance for Opiate
Substitution Treatment Facilities under permit number ENV-2016-7, KIVA
#RPSW-2160849.
F. On June 8, 2023, a request for expedited review was sent to
the Washington State Department of Commerce, which acknowledged that
the request was received on June 8, 2023. No comments were received on
the proposal.
G. On June 12, 2023, after appropriate public notice, the Land Use
and Planning Board held a public hearing to consider the proposed code
amendments and forwarded their recommendation to the City Council. No
public comments were received.
2 Amend Zoning Code -
Re: Opioid Treatment Programs
I
H. On June 20, 2023, the City Council Committee of the Whole
considered the recommendation of the Land Use and Planning Board and
made a recommendation to adopt the ordinance to the full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 15,02.307. Section 15.02.307 of
the Kent City Code, entitled "Opiate substitution treatment facility", is
amended as follows:
Sec. 15.02.307. Opiate gub9tituti Opioidtreatment nroaram
may. Gpiete s• `'st4tutu. : O ioid treatment €aeH4 pro ream means aft
a
program that: (a) Engages in the treatment of opioid use disorder with
medications approved by the United States food and drug administration for
the treatment of opioid use disorder and reversal of opioid overdose,
including methadone; and (b) Provides a comprehensive range of medical
and rehabilitative services.
SECTION 2. - Amendment - New KCC 15.02.174.1. Chapter 15.02
of the Kent City Code, entitled "Definitions", is amended to add a new
Section 15.02.174.1 entitled "Harm reduction programs", as follows:
Sec. 15.02.174.1. Harm reduction programs. Harm reduction
programs means programs that emphasize working directly with people who
use drugs to prevent overdose and infectious disease transmission, improve
3 Amend Zoning Code -
Re: Opioid Treatment Programs
the physical, mental, and social well-being of those served, and offer low
threshold options for accessing substance use disorder treatment and other
services. Harm reduction programs authorized within the City of Kent do not
include community health engagement locations, as regulated in KCC
15.08.550. Further, harm reduction programs operating within the City of
Kent may not provide the following services within the city limits of Kent:
distribution or exchange of drug paraphernalia, including but not limited to,
pipes, pipettes, or other smoking equipment, syringes, needles or associated
syringe equipment, unless the item was obtained directly from, or pursuant
to, a valid prescription or order of a practitioner while acting in the course
of their professional practice.
SECTION 3. - Amendment - KCC 15.04.090, Section 15.04.090 of
the Kent City Code, entitled "Service land uses", is amended as follows:
4 Amend Zoning Code -
Re: Opioid Treatment Programs
Sec. 15.04.090. Service land uses.
Zoning Districts
Key
P=Principally
Permitted Uses
S=Special Uses
C-Conditional Uses
A=Accessory Uses u, N `�° r N
M =Minor Conditional `'7 '2 ~ ~ = a U w U v
Uses T C7 o W 0Y � Q lY R x U U U U F F.- U U
Q Q rn (n W rn rn z U a ❑ 1 2 1 n IC IA 1 U 11 112 13
Finance,insurance, P P JP � P P P P P r P P P P
22) (1) 2) 2; (2
real estate services (12;
Personal services: __ -- P P P P P P P P P P P
(22) 02' �2) (2
laundry,dry
cleaning,barber,
salons,shoe repair,
launderettes
Mortuaries P P P P
{i2;
Home day-care P P P P ,1 P P P P P P P P P P P P P P P P
Day-care center c C c c C c c. P P P P P P P P P P P P P P P P P
P F P P P
P P F P P
Business services, (2) (2) (2)
duplicating and blue
printing,travel
agencies,and
employment
agencies
Building �- -- -- - ----- P P P P P -
maintenance and 2; z;
pest control
Outdoor Storage _ — P A A 91 (A
(including
truck,
heavy equipment,
and contractor
storage yards as
allowed by
development
standards,KCC
15.04.190 and
15.04.195)
Rental and leasing PP P P P
services for cars, (9) (_) (z>
trucks,trailers,
furniture,and tools
Auto repair and -- — J P = P P P P
washing services si (9) sj
(including body
work)
Repair services: P P P P P P P P F
watch,TV,electrical, 2) (2) (2) (21
electronic,
upholstery
5
Professional P P P P P P P P P P P
services:medical, (20) (2) (2) (2)
clinics,and other
health care-related
services
c c
9p)ate subst tution
O ioid treatment
fa644y programs
Harm reduction C C
programs
L3) L3)
Contract P P P P P P
ConStrUCtlon Service �'15) 16) (2) (2) (9)
offices:building
construction,
plumbing,paving,
and landscaping
Educational P P r P P P P P
services:vocational, (2) (2) (5i
(-`�) (5) (5)
trade,art,music,
dancing,barber,and
beauty
Churches s s s s S s s s S s S s s 5 s S s s s s S
(4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) i4) (4) (4) (4) (4) 14)
Administrative and P ° P P P P P P P P P
professional offices (12) (2) i2) (2j
-general
Municipal uses and P P P P P P P P P P P
buildings (13) (13) (13) (13) (13) (13) 03) (2) (1)( 13)
Research, P M P P P P P P
development,and
testing
Accessory uses and 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
structures (7) (24) (24) (24) (24) (18) (18) ('.9's (19) (19) (19) (19) (18) (18)
(24)customarily
appurtenant to a
permitted use
Boarding kennels, M M P P
pet day care,and 2) (2)
breeding
establishments
Veterinary clinics P P P P P P P _P
and veterinary I
(8) (8, (8) (8) (8) (2) (2) (2)
hospitals
Administrative or - P P P
executive offices (2) (2) (2)
associated with an
industrial operation
Offices incidental A A A A A P P P
and necessary to the (2) (2) (21
conduct of a
principally permitted
use
6
SECTION 4. - Amendment - KCC 15.04.100, Section 15.04.100 of
the Kent City Code, entitled "Service land use development conditions", is
amended as follows:
Sec. 15.04.100. Service land use development conditions.
1. Banks and financial institutions (excluding drive-through).
2. Service uses in the I1, I2, and I3 zoning districts are allowed,
but shall be limited to 30,000 square feet per occupancy.
3. O ioid treatment faei'tie�5-programs and
harm reduction programs are permitted only with a conditional use permit,
within the area depicted in the map below, 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:
S ,8 St A
a
� a
H
Obi
S 2 St
Q
S 224 St 01
ti
v)
s'
'a y
ro S 228 St y 3
w � m
a' ro
00
t
a'
A
u
d
Novak Ln V
N
Q
7 Amend Zoning Code -
Re: Opioid Treatment Programs
a. A detailed written description of the proposed and
potential services to be provided, the gees ef fundingT-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 10-year
period;
C. An inventory of known, existing or proposed facilities, by
name and address, within King County, or within the region, serving the
same 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;
par-tieipatietand
,g f
par-tnership. This agr-eengent shall state the geals ef the partnership and
address le;ter-ing ffeventien steps the faEility ewneF/epeizater- wall take as
No epiate
opioid treatment4aewi� program or harm reduction program may be located
within 500 feet of an existing emote substitu ieF ggioid treatment faEility
program or harm reduction program.
8 Amend Zoning Code -
Re: Opioid Treatment Programs
49-.-a A mobile or fixed-site medication unit may be
established as part of a licensed opioid treatment program and must comply
with City of Kent business license requirements and is subject to the
standards outlined in this section.
4. Special uses must conform to the development standards listed
in KCC 15,08.020.
5. Specialized training facilities or satellite campuses offering
industrial workforce training programs are not subject to the 30,000 square
foot limitation.
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. Outside storage or operations yards in the I1, I2, and I3
districts shall be permitted only as accessory uses. Such uses are incidental
and subordinate to the principal use of the property or structure. Outdoor
storage is limited to 15 percent of the total site area in the I1 district, 30
percent of the total site area in the I2 district, and 50 percent of the total
site area in the I3 district.
10. [Reserved].
11. Reference KCC 15.07.040(B), outdoor storage landscaping.
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
9 Amend Zoning Code -
Re: Opioid Treatment Programs
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
apparel and accessories, gift shops, toy shops, cards and paper goods, home
and home accessory shops, florists, antique shops, and book shops;
b. 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 taverns;
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.
10 Amend Zoning Code -
Re: Opioid Treatment Programs
{
Gowe
`'
7 V
, o
Taus
13. Except for such uses and buildings subject to KCC 15.04.150.
14. [Reserved].
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.
19. 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. [Reserved].
22, Any associated drive-up/drive-through facility shall be
accessory and shall require a conditional use permit.
23. [Reserved].
11 Amend Zoning Code -
Re: Opioid Treatment Programs
24. Accessory structures composed of at least two walls and a roof,
not including accessory uses or structures customarily appurtenant to
agricu►tural uses, are subject to the provisions of KCC 15.08.160.
SECTION 5. - Amendment - KCC 15.09.030. Section 15.09.030 of
the Kent City Code, entitled "Conditional Use Permit", is amended as follows:
Sec. 15.09.030. Conditional use permit.
A. Purpose.
1. Conditional use permits, revocable, conditional or valid for a
time period may be issued by the hearing examiner for any of the uses or
purposes for which such permits are required or permitted by the terms of
this title. The purpose of the conditional use permit is to allow the proper
integration into the community of uses which may be suitable only on
certain conditions in specific locations in a zoning district, or if the site is
regulated in a particular manner. A conditional use permit is categorized as
a Process III application and shall be subject to the requirements of
Chapters 2.32 and 12.01 KCC.
2. Any use existing at the time of adoption of this title which is
within the scope of uses permitted by a conditional use permit in the district
in which the property is situated shall be deemed a conforming use without
necessity of a conditional use permit.
B. Application.
1. The owner or their agent may make application for a
conditional use permit, which shall be filed in accordance with the
requirements of Chapter 12.01 KCC.
2. Development plans shall be submitted, drawn to scale,
showing the actual dimensions and shape of the ►ot to be built upon, the
12 Amend Zoning Code -
Re: Opioid Treatment Programs
exact sizes and locations on the lot of buildings already existing, if any, and
the location on the lot of the proposed building or alteration. The plans shall
show proposed landscaping, off-street parking, signs, ingress and egress
and adjacent land uses. The plan shall include other information as may be
required by the planning department.
3 If the proposed use is an Essential Public Facility as defined by
RCW 36 70A 200 the application shall include the following materials:
a A plan for removal of individuals who present a threat to
other individuals the site or other nearby properties to the maximum
extent permitted by the law;
b A plan for addressing reported concerns and
documenting resolution and making this information publicly available• and
C. Documentation of public involvement efforts to date,
including public and agency comments received and plans for future public
participation.
C. Public hearing. The hearing examiner shall hold an open record public
hearing on any proposed conditional use, and shall give notice thereof in
accordance with the procedures established pursuant to Chapter 2.32 KCC
and KCC 12.01.130 and 12.01.140.
D. Standards and criteria for granting. A conditional use permit shall
only be granted after the hearing examiner has reviewed the proposed use
to determine if it complies with the standards and criteria set forth below
and in accordance with the requirements for Process III applications under
Chapter 12.01 KCC. A conditional use permit shall only be granted if such
finding is made.
13 Amend Zoning Code -
Re: Opioid Treatment Programs
1. The proposed use in the proposed location will not be
detrimental to other uses legally existing or permitted outright in the zoning
district.
2. The size of the site is adequate for the proposed use.
3. The traffic generated by the proposed use will not unduly
burden the traffic circulation system in the vicinity.
4. The other performance characteristics of the proposed use are
compatible with those of other uses in the neighborhood or vicinity.
5. Adequate buffering devices such as fencing, landscaping or
topographic characteristics protect adjacent properties from adverse effects
of the proposed use, including adverse visual or auditory effects.
6. The other uses in the vicinity of the proposed site are such as
to permit the proposed use to function effectively.
7. The proposed use complies with the performance standards,
parking requirements and other applicable provisions of this title.
8 If the proposed use is an Essential Public Facility as defined by
RCW 36 70A 200 the applicant has demonstrated appropriate provisions
for public health safety, welfare and Iona-term maintenance. The person
or organization that owns or operates the facility shall be primarily
responsible for the operation and maintenance of the facility itself, as well
as the conduct of the individuals served by the facility on and in the
immediate vicinity of the lot to the maximum extent permitted by law,
regardless of whether the person or organization contracts with a third party
for the provision of any services related to the facility itself or its occupants.
89. Any other similar considerations may be applied that may be
appropriate to a particular case.
E. Action of hearing examiner. Special conditions may be imposed on
the proposed development to ensure that the proposed use will meet the
14 Amend Zoning Code -
Re: Opioid Treatment Programs
standards and criteria of subsection (D) of this section in granting a
conditional use permit. Guarantees and evidence that such conditions are
being complied with may be required.
F. Appeals. The decision of the hearing examiner shall be final. Any
appeal of the hearing examiner's decision shall be pursuant to the appeal
provisions of Chapter 12.01 KCC.
G. Period of validity. Any conditional use permit granted by the hearing
examiner shall remain effective only for three years unless the use is begun
within that time or construction has commenced. If not in use or
construction has not commenced within three years, the conditional use
permit shall become invalid.
H. Expansion. Any expansion of a conditional use may be required to
apply for a new conditional use permit if the expansion:
1. Exceeds the threshold of a minor conditional use permit under
KCC 15.09.032(C)(2); or
2. Involves a use with significant external impacts (noise, odor,
vibration, glare, aesthetics), including but not limited to outdoor storage or
impound lots.
SECTION 6. - 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 7. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
15 Amend Zoning Code -
Re: Opioid Treatment Programs
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.
SECTIONS. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
June 20, 2023
Date Approved
i 1I &yce, Nkayo- yz2 ' l e -
ATTEST:
June 20, 2023
KIMBERLEY A OMOTO, CITY CLERK Date Adopted
June 23, 2023
Date Published
R ED AS TO FORM:
TA V HITE, CITY ATTORNEY
E
a5
t
prA i
h
16 Amend Zoning Code -
Re: Opioid Treatment Programs
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN979182
was published on June 23, 2023
The full amount of the fee charged for said foregoing publication is the
sum of $202.56
-'V/' 'A/
Rudi
Vice President,Advertising
Subscribed and sworn to me this 23" day of June, 2023 .
Ten'ifer Tri bett, Notary Public for the State of Washington, Residing in
�----"16rting, Washington
EXAM •.
N0T4 ,1
F A�B-0 '
��1is6n11140`�
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE
CITY COUNCIL
The: following are sum-
maries of ordinances
passed by the Kent City
Council on June 20.
2023.
ORDINANCE NO. 4467
-AN ORDINANCE of file
City Councii of theCity of
Kent. Washington.
amending section
9.43.030 of the Bent City
Code. entitled 'SOAR
orders—Designated No
Racing Zones", making
East Valley Highway
from S 180ti) St to S
1961h St and SE Kent-
Kan_ciley Rd from 124th
Ave SE to 132nd Ave
SE designated No Rac-
ing Zones. This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage, as provided by
law.
ORDINANCE NO. 4468
-AN ORDINANCE of the
City Council of the City
of Kent. Washington,
amending Section
9.02.030 of the Kent Citv
Code. entitled 'Sessioa
Laws Not Yet Codified!
and various sections
within Chapter 9,12 of
the Kent City Code.enti-
tled Drug and Alcohol
possession. to imple-
ment amendments made
to the Revised Code of
Washington during the
state legislature's regu-
lar and stecial legisla-
tive sessions that estab-
lish new crimes,address
drug paraphernalia. and
criminahze the posses-
Sion anti a;:blic use of
drugs. me udi'ng con-
trolled SUhSfan CeS.
counterfeit controlled
Substances, and legend
Proofed by Jennifer Tribbett,08/22/2023 04:16:43 pm Page: 2
Classified Proof
drugs. The CiV Council
finds and dec aces ;hat
an, etitG'rfleri GV exists
dlich necessitates that
this ordinance becorne
effective immed1ateiy in
order esewe the
public h'ai",h.safety.and
welfare. This ordinance.
having been adopted by
unanir;nous vote, shall
become effective imme-
<liateiy upon passage.
Fur'irter.the c o,`Isions of
this Grdil;ancc shall be
imp'e rent and ap-
phed at 2M aj-n. on
Ju?v 7 2323. The City
Cierk is directed to pub-
fish a sunrnarr of this
ordinance a he earliest
publication Sate. Until
12:03 a.r.: or-
�;r,l" 1.
2C23. NIP existing provi-
sions of the Kent Cite
Code amended by this
ordinance sin-ail remain
in effect.
ORDINANCE NO. 4469
-AN ORDI NANCE of the
City COUOCii of the City
of Kent, 'Alas!nington.
Amendim Various sec-
tions the CitV s
zoning code. — 15 of
�r��e
the Kent City Cede. to
nnpienner't ainend;renis
uric made to Revised
Code of Washington
during the state
legislaiure's special leg-
islative session concern-
in" the fo;;;i'..;On and Op-
eratior: of op.oid
treat:ren piogiams, re-
cover✓ residences. and
harm teducUon Pic-
grams. This ordinance
shall take e ecr and be
in force 33 s frcnl
and after its passage,as
picmded br 'aw.A copy
Of ;he ccml.e?e iex.t of
any ordinance vit'll be
ntaJed upGn request of
the C:•r C`erk.
Kimberley A, Kornoto.
Citv Cierk
Kkomoto a:Kent'd✓:�:c1o�J
253-KE-5725
ic:979182
612323
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