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Home My WebLink AboutO-2488 - Adds Sec. 19.06.364; amends Sec. 19.08.100 and 19.55.010; repeals Ord. 2467, zoning (Repealed by 2852)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.Jifgg t(/:~~ ~(J~ 1JlltSC!.- rUo'·~ AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON AMENDING MMC SECTION 19.08.100A;ADDING A FOOTNOTE 8 AND FOOTNOTE 9 TO MMC 19.08.100B RELATED TO OPIATE SUBSTITUTION TREATMENT PROGRAM FACILTIES,ADDING A NEW MMC SECTION 19.06.364 DEFINING THE TERM "OPIATE SUBSTITUTION TREATMENT FACILITY",AND AMENDING MMC SECTION 19.55.010. WHEREAS,the City Council of the City of Marysville does find that from time to time it is necessary and appropriate to review and revise provisions of the City's Zoning Code (Title 19 MMC);and WHEREAS,following a comprehensive review of the above-referenced City codes by City staff,the Marysville Planning Commission held a public workshop on June 24h ,2003 and July 8th 2003; and WHEREAS,after providing notice to the public as required by law, on August 12th ,2003 the Marysville Planning Commission held a public hearing on proposed changes to the City's zoning code and received public input and comment on said proposed revisions; and WHEREAS,at a public meeting on August 25th ,2003 the Marysville City Council reviewed and considered the amendments to the zoning code proposed by the Maryville Planning Commission;and \xIJ-IEREAS,the City Council finds it is in the public interest to regulate the location and conditions for siting Opiate Treatment Program Facilities (OSTPF);and WHEREAS,on March 24, 2003,the Marysville City Council adopted Ordinance No.2467, establishing a 6-month moratorium on the establishment,use or operation of new opiate treatment facilities. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: MMC Section 19.08.100(A) is hereby amended to read as follows: 11 d1908100ARezronaan uses SPECIFIC LAND USE I I iRu 11<4.5-8 Rl2-28 INB CB GC DC MU IBp 1 GI ail C C r C Regional stonnwarer management facility C ...C C C C k-C r Public Agency Animal Control Facility C C P P Public Azencv Trainina Fscilirv Cl Cl Cl Cl C2 Non-hvdroelectric Generation Facility C C C C C C C c Energy Resource Recovery Facility C C ORDINANCE - 1 OSTl'F ORD REVISIONS ,c,\ RU R4.5-S Rl2-2S Q--JB CB GC DC MU iBp I GI Soil Recvcling/Incineration Facility C C C SolidWaste Recvclinz C C ~ansfer Station C C r lwastewater Treatment Facility C C C frransir Bus Base C C iP ~ransit Pam and Poallot iP iP iP iP iP iP iP iP iP iP p IT ransir Pack and Ride Lot C C C Ir Ir Ir iP Ii>Ii'Ir p !school Bus Base C3 C3 C3 C C C iP lRacetrack C C5 C5 C5 C5 C5 iP IFeirsround C lP Ii>iP floo/Wildlife Exhibit C6 C C ~adiuml Arena C C II' College/Universitv C C C C II'II'iP iP iP iP iP !secure Communitv Transition Facilities C7 Opiate Substitution Treatmen II'S,9 IrS,9 iPS,9 li>9 11'9 Prozram Facilities Section 2: MMC Section 19.08.100(B)is hereby amended to read as follows: 19.08.100(B)DEVELOPMENT CONDITIONS, 1.Except weapons armories and outdoor shooting ranges. 2,Except outdoor shooting range, 3. Only in conjunction with an existingor proposed schooL 4.' a. Limited to one satellite dish antenna, b. Limited to tower consolidations, 5,Except racing of motorized vehicles, 6, Limited to wildlifeexhibit. 7, Limited to land located along east side of 47th Ave NE alignment, in the east half of the northeast quarter of Section 33, Township 30N, Range 5E, W.M., and 10 the northeast quarter of the southeast quarter of Section 33,Township 30N, Range 5E, W.M., and land located east side of SR 529,north of Steamboat Slough,south and west of Ebey Slough (aka TP#300533-002-004 -00) and in the NW and SW quarters of Section 33, Township 30N, Range 5E,WM as identified on the Exhibit A, attached to the ordinance codified in this section, 8, Opiate Substitution Treatment Program Facilities permitted within commercial zones are subject to Chapter 19.55MMC,Essential Public Facilities, 9, Opiate Substitution Treatment Program Facilities as defined in Section 19.06.364 of this title are subject to the standards set forth below: a. Shall not be established within 300 feet of an existingschool, public playground, public park, residential housing area, child-care facility,or actual place of regular worship established prior to the proposed treatment facility, b. Hours of operation shall be restricted to no earlierthan six a.m. and no later than seven p.m. dailiy, c.The owners and operators of the facility shall be required to take positive ongoing measures to preclude loitering in the vicinity of the facility, ORDINANCE - 2 OSTPFORDREVISIONS SectiQn3: MMC Chapter 19.06 is hereby amended by adding a new section 19.06.364 to read as follows: 19.06.364 "Opiate Substitution Treatment Facility" means an organization that administers or dispenses an approved drug as specified in 212 CFR Part 291, as it now reads or is hereafter amended,for treatment or detoxification of opiate substitution.The agency is: (1) Certified as an opioid treatment prQgram by the Federal Center for Substance Abuse Treatment,Substance Abuse and Mental Health Services Administration; (2)Licensed by the Federal Drug Enforcement Administration; (3) Registered by the state board of pharmacy; (4)Accredited by an opioid treatment prQgram accreditation body approved by the Federal Center for Substance Abuse Treatment,Substance Abuse and Mental Health Services Administration;and (5) Certified as an opiate substitution treatment prQgram by the WashingtQn State Department of Social and Health Services. SectiQn4: MMC Section 19.55.010 is hereby amended to read as follows: 19.55.010 Purpose and applicability (1) This chapter establishes a sitingprocess for essential public facilities (EPFs) that are difficultto site. (a)An EPF is any facility owned or operated by a unit of local or state government, apublic utilityor transportation company, or anyother entity that provides apublic service as its primary mission. Examples of EPFs include those facilities that are difficultto site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities,solid waste handling facilities,opiate substitution treatment program facilities and secure community transition facilities as defined in RCW 71.09.020. (RCW 36.70A.200)Essential public facilities such as in-patient facilities including substance abuse facilities,mental health facilities,grQUP homes, etc.,which are defined in accordance with the provisions of and judicial interpretations of the Federal Fair Housing Act amendments, 43 USC Section 3604(£)(9),and the Washington Housing Policy Act, RCW 43.185B.005(2),asthe same existsor ishereafter amended, are exempt from this chapter. (b)An EPF may be difficult to site if it requires a unique type of site, is perceived by the public as having significant adverse impacts, or is of a type that has been difficultto site in the past. Health and socialservice facilities that house persons who constitute a threat to the community as defined in Section 19.06.496 MMC are automaticallydetermined to be difficultto site. (2) This siting process is intended to ensure that EPFs, as needed to support orderly growth and delivery of public services, are sited in a timely and efficient manner.It is also intended to provide the city with additionally regulatory authority to require mitigation of impacts that may occur as a result of EPF siting.Finally,it is intended to promote enhanced public participation that willproduce sitingdecisions consistent with community goals. Section 5:Ordinance No. 2467,adopted March 24, 2003 which established a 6-mQnth moratorium on Opiate Substitution Treatment Program Facilities is hereby repealed. ORDINANCE - 3 OS1l'F ORD REVISIONS By: Date of Publication: Section 6. Severability.If any section,subsection,sentence,clause,phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor this ~day of ,~,,!,2003. CITY OF MARYSVILLE (l;~~4 DAVID A.\'(/EISER,MAYOR A"O"~ By: IGERRYBCKEl0:rrYCIiRK Approved as to form: By:~L~~ •GRANT K.WEED,CITYATI RNEY q-lt7 -()3 Effective Date: (5 days after publication) ORDINANCE - 4 OSTPF ORD REVISIONS