ORDINANCE NO s

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1 Sponsored by: Councilmembers Jim McCune and Pam Roach Requested by: County Executive/Planning and Public Works ORDINANCE NO. 01-s An Ordinance of the Amending Title 1 of the Pierce County Code (PCC), "Development Regulations General Provisions," and Title 1A PCC, "Development Regulations Zoning," to Prohibit Supervised Drug Consumption Sites; Adopting Findings of Fact; and Setting an Effective Date. Whereas, the Growth Management Act (GMA) requires Pierce County to adopt development regulations that are consistent with and implement the adopted Comprehensive Plan pursuant to Revised Code of Washington (RCW).0A.00; and Whereas, the on April, 01, passed Resolution No. R01- expressing its intention to prohibit the siting of Supervised Drug Consumption Sites in Unincorporated Pierce County and requesting that the Planning and Public Works Department conduct an evaluation of amendment to Titles 1 and 1A Pierce County Code to address supervised drug consumption sites; and Whereas, the Pierce County Planning and Public Works Department has reviewed the Development Regulations and recommended modifications to Pierce County Development Regulations Title 1, Development Regulations General Provisions, and Title 1A, Development Regulations Zoning, to provide needed revisions, clarifications, and updates to address supervised drug consumption sites; and Whereas, it is the 's intent to have the appropriate Code revisions adopted as soon as it is legally possible; and Whereas, during a public hearing on April, 01, the Pierce County Planning Commission completed review of the proposed amendments to the Pierce County Development Regulations and made final recommendations to the Pierce County Council; and Whereas, the Responsible Official conducted an environmental review of the proposed amendments to address amendments to the Pierce County Development Regulations for necessary revisions, clarifications, and updates and issued a Determination of Nonsignificance (DNS) on April, 01, to satisfy the requirements of the State Environmental Policy Act (SEPA); and Ordinance No. 01 -s Page 1 of Tacoma, WA 0

2 Whereas, on June, 01, the Community Development Committee held a public hearing on the proposed amendments to the Pierce County Development Regulations and on June, 01, passed the Committee s recommendations to the full Council for further consideration; and Whereas, on June 1, 01, the held a public hearing on the proposed amendments to the Pierce County Development Regulations; and Whereas, the has determined that amending the Pierce County Development Regulations is necessary to protect the public health, safety, and welfare, and protect the public interest; and Whereas, the finds that it is in the public interest to adopt the amendments set forth; Now Therefore, BE IT ORDAINED by the Council of Pierce County: Section 1. Title 1 of the Pierce County Code, "Development Regulations General Provisions", is hereby amended as shown in Exhibit A, which is attached hereto and incorporated herein by reference. Section. Title 1A of the Pierce County Code, "Development Regulations Zoning", is hereby amended as shown in Exhibit B, which is attached hereto and incorporated herein by reference. Section. Findings of Fact documenting the actions taken by the Planning Commission and County Council are hereby adopted as shown in Exhibit C, which is attached hereto and incorporated herein by reference. Ordinance No. 01 -s Page of Tacoma, WA 0

3 Section. This Ordinance shall become effective on July, 01. Section. If any provisions of this Ordinance or the amendments to the Development Regulations are found to be illegal, invalid, or unenforceable, the remaining provisions of this Ordinance shall remain in full force and effect. PASSEDthis / f 'hdayof J~,01. ATTEST: PIERCE COUNTY COUNCIL Pierce County, Washington I 1 1 Denise D. Johnson 1 Clerk of the Council ~~z;;.~- ~ Richardson C ii Ch ruce. Dammeier Pierce Coun~Fecutive A~~~ Vetdad _ 01. Date of Publication of Notice of Public Hearing: 1 a if :/J/ :JV! R ~ Effective Date ofordinance: u (A.(~ I -01, this day of~-~~~~~~~ Ordinance No. 01 -s Page of e Tacoma, WA 0

4 1 1 Exhibit A to Ordinance No. 01-s Note: Only those portions of Section that are proposed to be amended are shown. The definition of "Supervised Drug Consumption Site" would be inserted alphabetically. Remainder of text is unchanged Definitions "Supervised Drug Consumption Site" or "Community Health Engagement Location (CHEL) means any building, structure, site, facility, or program with a function of providing a space or area for the use, consumption or injection of heroin or any other controlled substance listed in Schedule I by RCW.0.0, except for those substances which may be possessed in accordance with RCW.0.0. Exhibit A to Ordinance No. 01-s Page 1 of 1 Tacoma, WA 0

5 1 1 1 Exhibit B to Ordinance No. 01-s Only those portions of Title 1A that are proposed to be amended are shown. Remainder of text, maps, tables and/or figures is unchanged. 1A..0 Use Categories and Use Types Urban Zone Classifications. Chapter 1A. GRAHAM USE TABLE GRAHAM Urban Zone Classifications (Table 1A..0) Urban Employment Urban Residential Urban Districts Centers and Other Zones MHR: Moderate CE: SF: Single- MUD: Mixed PR: Park and High [Reserved] Community Family Use District Recreation Density Employment Residential MHR SF MUD [Rsvd] CE PR CIVIC USE CATEGORY: See PCC 1A..0 for Description of Civic Use Categories. Administrative Government Svcs. Community and Cultural Svcs. C C P1-;C Day-Care Centers P1;C C1 P Education P1,;C P1, P1,,,;C P, Health Services P1 P1, P1 Postal Services P1;C P1 Public Park Facilities P1,, P1,, P1, P1, P1,,;C Public Safety Services C1 C1 P1;C P1;C P1 Religious Assembly P1;C P1 P C Transportation P1 P1;C P1;C P P Exhibit B to Ordinance No. 01-s Page 1 of Tacoma, WA 0

6 1A..0 Use Categories and Use Types Urban Zone Classifications. [Reserved] Chapter 1A. SOUTH HILL USE TABLE SOUTH HILL Urban Zone Classifications (Table 1A..0) Urban Centers CC: AC: NC: UV: Urban Community Activity Neighborhood [Reserved] [Reserved] Village Center Center Center CC AC NC UV CIVIC USE CATEGORY: See PCC 1A..0 for Description of Civic Use Categories. Administrative Government Svcs. Community and Cultural Svcs. P P P P1, P1- P1, P1- Day-Care Centers P P P1;C P Education P;A1,;C P A1,,,;C Health Services P1;C P1, P1 P1 Postal Services P1;C P1;C P1 P1 Public Park Facilities P1, P P1, P1,;C, Public Safety Services P1 P1 P1 P1 Religious Assembly P P P1;C P1 Transportation P1;C, P1;C, P1 P1;C, Exhibit B to Ordinance No. 01-s Page of Tacoma, WA 0

7 Chapter 1A. USE CATEGORY DESCRIPTIONS 1A..0 Civic Use Category Description of Use Categories. Civic Use Category includes facilities or services that are strongly associated with public need or social importance such as educational, cultural, medical, protective, and governmental. E. Health Services. Health Services Use Type refers to any health related facilities and services such as, but not limited to, hospitals, surgical facilities, ambulance services, emergency medical facilities providing -hour walk-in services, and respite facilities for the elderly, terminally ill, or handicapped. Level 1: Medical and dental offices, emergency medical facilities providing -hour walk-in service. Level : Hospitals and institutional facilities. Such facilities may involve surgical and medical procedures as well as mental health related care. Level : Supervised drug consumption sites. Exhibit B to Ordinance No. 01-s Page of Tacoma, WA 0

8 Exhibit C to Ordinance No. 01-s FINDINGS OF FACT The finds that: 1. The Growth Management Act (GMA) requires Pierce County to adopt development regulations that are consistent with and implement the adopted Comprehensive Plan pursuant to Revised Code of Washington (RCW).0A.00.. On April, 01, the passed Resolution No. R01- expressing its intent to prohibit the siting of Supervised Drug Consumption Sites in unincorporated Pierce County and requesting that the Planning and Public Works Department conduct an evaluation of amendment to Titles 1 and 1A of the Pierce County Code (PCC) to address supervised drug consumption sites.. The County has reviewed the Development Regulations and made additional modifications to Titles 1 and 1A PCC to provide needed revisions, clarifications and updates to prohibit supervised drug consumption sites.. Supervised drug consumption sites are not currently identified as a specific use type in the County's Development Regulations, Title 1A PCC, Zoning. In the case where a use is requested, the Director of Planning and Public Works has the authority to make a determination of which land use category it would fall under. By identifying the use in the Development Regulations, it clearly specifies the Council's intent to prohibit the use and eliminates the need to make such an interpretation or determination.. The amendments to Titles 1 and 1A PCC establish a definition and create a specific use type for "Supervised Drug Consumption Sites" so that a determination by the Director would not be required.. These amendments would add the definition as well as the new Use Level for "Supervised Drug Consumption Sites." The proposal does not add this Use Type to any of the Zoning Use Tables in Title 1A PCC, "Development Regulations Zoning." This effectively prohibits the location of supervised drug consumption sites within unincorporated Pierce County.. On April, 01, the Pierce County Planning Commission reviewed the proposed amendments to the Pierce County Development Regulations and made final recommendations to the in public hearings.. Notice of the Planning Commission public hearing was published in The News Tribune on April, 01. Exhibit C to Ordinance No. 01-s Page 1 of Tacoma, WA 0

9 The Responsible Official conducted an environmental review of the proposed amendments to address amendments to the consolidation of Use Types and Use Levels and other Development Regulations amendments.. The County issued a Determination of Nonsignificance (DNS) on April, 01, to satisfy the requirements of the State Environmental Policy Act (SEPA).. June, 01, the Community Development Committee reviewed the proposed amendments to the Pierce County Development Regulations in a public hearing, and on June, 01, passed the Committee's recommendations to the full Council for further consideration. 1. On June 1, 01, the reviewed the proposed amendments to the Pierce County Development Regulations in a public hearing, and approved the proposed Development Regulation amendments.. The has determined that amendments to the Pierce County Code are necessary to protect the public, health, safety, welfare, and interests of the citizens of unincorporated Pierce County. Exhibit C to Ordinance No. 01-s Page of Tacoma, WA 0