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Home My WebLink AboutO-2467 - Moratorium on opiate substitution treatment program facilities (Repealed by 2488)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO. 2467 .{C--:&rrn.AQw- milS c.. ~~ ,~.~ ~:+rh AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO OPIATE SUBSTITUTION TREATMENT PROGRAM FACILITIES, ADOPTING A MORATORIUM ON ESTABLISHING SUCH FACILITIES AND PROCESSING APPLICATIONS RELATED THERETO, AND DECLARING AN EMERGENCY. WHEREAS, the City Council does find: I. The City Council has enacted a Comprehensive Plan, with goals and policies to ensure a diverse economy and quality of life within the City; and 2. The Council has adopted development standards for certain medical uses and special uses, including hospitals, detoxification centers, clinics and social service facilities, to implement the goals of the Comprehensive Plan; and 3. The Council is concerned about the proliferation of opiate substitution treatment program facilities and the impacts they may have upon the community, notwithstanding the existing development standards, in light of recently-filed litigation involving the City of Lynnwood and an entity attempting to open new treatment facilities and the application of the City of Lynnwood's zoning code to such facilities, threatened litigation involving the City of Lynnwood and the Washington State Department of Social and Health Services (DSHS) and emergency rules adopted by DSHS regarding such facilities, recent amendments to RCW 36.70A and 70.96A, a recent inquiry received by the City of Everett from an entity that operates such facilities, a recent Determination of Need issued by DSHS for such a facility inside the Everett city limits, and a recent Interlocal Agreement between the City and Snohomish County regarding a common siting process for essential public facilities; and 4. On February 18, 2003 the City of Everett adopted an ordinance declaring an emergency to exist and imposing a six month moratorium on the establishment, use or operation of new opiate substitution treatment program facilities; and 5. Whereas, the City is concerned that as a result of Everett imposing a moratorium, and in light of pending litigation in Lynnwood, parties may be ORDINANCE -I Iwpf/mv/ord.tfmor r interested in siting a facility for opiate substitution treatment in Marysville without Marysville having adequate time to review its policies and ordinances relating to such facilities; and 6. Opiate substitution treatment program facilities have a potential for adverse social, economic and environmental impacts on the community and business environment of the City and that it is necessary to adopt a moratorium with respect to facilities for opiate substitution treatment for the preservation of public health, safety and welfare; and 7. RCW 35.63.200 and RCW 36.70A.390 authorize the Council to enact moratoria on land use matters to preserve the status quo while new plans or development standards are considered and prepared; and 8. The Council wishes to preserve the status quo to allow time to consider whether additional land use regulations may be necessary or appropriate to minimize the adverse social, economic or environmental impacts of opiate substitution treatment program facilities; and 9. The adoption of this Ordinance is exempt from the threshold determination and environmental impact statement requirements of the State Environmental Policy Act, RCW 43.2IC,pursuant to WAC 197-11-880 and Marysville Municipal Code; and WHEREAS, the City Council does conclude: I. The City does have the authority to establish a moratorium; and 2. The City must adopt a moratorium concerning the establishing and processing of applications for opiate substitution treatment program facilities in order to act as a stop-gap measure: (a) to provide the City an opportunity to study the issues concerning the siting of opiate substitution treatment program facilities and prepare appropriate revisions to the City's regulations; and (b) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make to its regulatory scheme as a result of the City's study of this matter; and 3. An emergency does exist to protect the public health, safety and welfare; THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Definition. For purposes of this ordinance the term opiate substitution ORDINANCE -2 Iwpf/mv/ord.tfmor treatment program facility shall mean: "an organization that administers or dispenses and approved drug as specified in 212 CFR part 291 for treatment or detoxification of opiate substitution as further described in WAC 388-805-005 adopted February 28, 2003 by emergency rule of the Department of Social and Health Services. Section 2.Findings of Fact. The "WHEREAS"provisions above shall constitute findings of fact and are incorporated by reference as if fully set forth herein. Section 3.Moratorium Established.Except as expressly provided herein, a moratorium is hereby established on the initiation or operation of new opiate substitution treatment program facilities as a principal land use or an accessory use to any existing use. Establishing such facilities is prohibited during the moratorium except as provided herein. No new applications for building permits or land use applications,or any other permits or approvals including,but not limited to,business license,associated with such facilities shall be accepted during the effective period of this moratorium,no pending applications shall be processed further during the effective period of this moratorium,and no permits shall be issued or approvals granted during the effective period of this moratorium. Section 4.Term. The moratorium established by this Ordinance shall terminate six months after passage unless earlier repealed or renewed according to law. Section 5.Severability.Should any section,paragraph,clause or phrase of this Ordinance,or its application to any person or circumstances,be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empt by state of federal law or regulations,such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application of other persons or circumstances. Section 6.Enforcement.Violations of this Ordinance are punishable under Marysville Municipal Code,Chapter 19.58, and as otherwise provided by law and in Marysville Municipal Code and are subject to injunctive and other forms of civil relief which the City may seek. Section 7.Effective Date.It is necessary to pass this Ordinance as an emergency to preserve the status quo.If not adopted as an emergency ordinance,then there would be a period of time within in which opiate substitution treatment program facilities could submit applications and possibly obtain vested rights which would be incompatible with the regulatory scheme to be considered and prepared as a result of this Ordinance. This Ordinance,as a public emergency ordinance necessary for the protection of the public health,safety and welfare, shall take effect and be in full force immediately upon its adoption.Within sixty (60) days of the effective date of this ordinance,the City Council shall hold a public hearing on the adopted moratorium. Section 8.Conflict.In the event there is a conflict between the provisions of this ORDINANCE -3 Iwpf/mv/ord.tfmor .....,,'.t\.. J ' ', Ordinance and any other City ordinance, the provisions of this Ordinance shall control. PASSED by the City Council and APPROVED by the Mayor this l:l"D\tay of ~,2003. CITY OF MARYSVILLE BY~IC:::...<~~lJ-·'_ DAVID A.WEISER, Mayor ATTEST: R,City Clerk Approved as to form: By~/<~~ GRANT K. WEED, City Attorney Date of Publication:--'~-/....!:.:....::::~_ Effective Date E9 lI~'s after tJtlelieaa6f1).3 -2.1.{-0 :3 ORDINANCE -4 Iwpf/mv/ord.tfmor