Loading...
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 Proofed by Jennifer Tribbett,08/22/2023 04:16:43 pm Page:3