HomeMy WebLinkAboutO-3071 - Relating to Prohibiting Supervised Drug Consumption FacilitiesCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 0 ·7 I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, RELATING TO GROWTH MANAGEMENT, ADOPTING AN
INTERIM OFFICIAL CONTROL PROHIBITING THE SITING OF
SUPERVISED DRUG CONSUMPTION FACILITIES, AMENDING SECTIONS
22C.010.060, 22C.020.060, AND 22E.030.090 OF THE MUNICIPAL CODE,
DECLARING AN EMERGENCY, AND SETTING A HEARING DATE.
WHEREAS, in March 2016, King County and the cities of Seattle, Renton, and Auburn
convened a Heroin and Opioid Addiction Task Force; and
WHEREAS, in September 2016, the Heroin and Opioid Addiction Task Force released a
report with recommendations to prevent opioid addiction and improve opioid use disorder
outcomes in King County; and
WHEREAS, one of the recommendations of the Heroin and Opioid Addiction Task Force
was to establish, on a pilot program basis, at least two sites for supervised opioid consumption in
King County; and
WHEREAS, neither the City of Marysville nor Snohomish County currently regulate the
siting and establishment of supervised drug consumption facilities; and
WHEREAS, residents and business owners within the City of Marysville have expressed
concerns about negative impacts to communities resulting from supervised drug consumption
facilities; and
WHEREAS, the City Council wishes to explore options for regulating the siting and
establishment of supervised drug consumption facilities, including potentially prohibiting the
siting and establishment of such facilities within the City of Marysville; and
WHEREAS, without adequate regulations and review processes, new supervised drug
consumption facilities may locate in areas that would create negative impacts and potential
safety issues for the community; and
WHEREAS, the City Council wishes to prevent supervised drug consumption facilities or
uses from siting or commencing such use in the City of Marysville during the period of time
necessary for the City to consider appropriate regulations for such facilities; and
WHEREAS, Article XI, Section 11 of the Washington Constitution provides that any city
may "make and enforce within its limits all such local police, sanitary and other regulations as
are not in conflict with general laws," which grants counties jurisdiction over land use issues like
zoning; and
WHEREAS, RCW 36.70A.390 provides that the City Council may adopt a moratorium,
interim zoning ordinance, interim zoning map, or interim official control; and
WHEREAS, moratoria, interim zoning ordinances, interim zoning maps, and interim
official controls enacted under RCW 36.70A.390 are methods by which local governments may
preserve the status quo so that new regulations will not be rendered moot by intervening
development; and
WHEREAS, RCW 35A.63.220 provides that the City Council must hold a public hearing
on the proposed moratorium or interim zoning ordinance within at least sixty days of its
adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The City Council makes the following findings and conclusions:
A. The City Council adopts and incorporates the foregoing recitals as findings.
B. Proposals to open supervised drug consumption facilities within the region have
highlighted the lack of regulation of such facilities and uses within the City of
Marysville.
C. The interim zoning regulations in MMC 22C.010.060 and MMC 22C.020.060 will
prohibit new supervised drug consumption facilities from locating or establishing such a
use in the City of Marysville while regulations that address the siting of supervised drug
consumption facilities, including prohibiting such facilities entirely, are considered.
D. It is in the best interest of the City of Marysville to prohibit supervised drug consumption
facilities from locating or establishing such a use in the City of Marysville at this time,
pending further study and public engagement on potential long-term regulatory changes.
E. The proposed interim official control will promote the public health, safety, morals, and
general welfare, and it is consistent with the goals and policies of the Comprehensive
Plan.
F. This ordinance satisfies the procedural and substantive requirements of and is consistent
with the GMA.
G. Pursuant to WAC 197-11-880 and MMC 22E.030.090, the adoption of this ordinance is
exempt from the requirements for a threshold determination under the State
Environmental Policy Act (SEP A).
SECTION 2. Pursuant to RCW 35A.12.130, the Marysville City Council finds and
concludes that adopting an interim official control to regulate the siting of supervised drug
consumption facilities is necessary for the immediate preservation of the public peace, health or
safety. Non-emergency options would not be adequate to prevent supervised drug consumption
facilities from opening in neighborhoods where they would be detrimental to the public peace,
health and safety. Accordingly, the Marysville City Council declares an emergency exists and
this ordinance shall take effect immediately.
SECTION 3. Section 22C.010.060 of the municipal code, is amended to read:
WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Residential Land Uses
Dwelling Units, Types:
Single detached (14) P11 P11 P11 P11 P11 P11 P11 P11 P43
Model home P30 P30 P30 P30 P30 P30 P30 P30 P30
Cottage housing C6 C6 C6 C6 C6 C6 C6 C6
Duplex (14) CB PB PB PB p p p p
Townhouse P3 P3 P3 P3 p p p p
Multiple-family p p p p
Mobile home P12 P12 P12 P12 P12 P12 P12 P12 P12
Mobile/manufactured home park P3 P3 P3 c p p P45
Senior citizen assisted C2 C2 C2 C2 C2 C2 C2 C2 C2
Factory-built P7 P7 P7 P7 P7 P7 P7 P7 P7,
43
Recreational vehicle P44
Group Residences:
Adult family home p p p p p p p p p
Convalescent, nursing, retirement C2 C2 C2 C2 C2 C2 C2 C2
Residential care facility p p p p p p p p
WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Master planned senior community (15) c c c c c c c c c
Accessory Uses:
Residential accessory uses (1 ), (9), (10), (49), p p p p p p p p p
(50)
Home occupation (5) p p p p P13 P13 P13 P13 p
Temporary Lodging:
Hotel/motel p p p p
Bed and breakfast guesthouse (4) c c c p p p p
Bed and breakfast inn (4) p p p p
Recreation/Cultural Land Uses
Park/Recreation:
Park P16 P16 P16 P16 P16 P16 P16 P16 P16
Recreational vehicle park C46
Community center c c c c c c c c c
Amusement/Entertainment:
Sports club c c c c
Golf facility (17) c c c c p p p p
Cultural:
Library, museum and art gallery c c c c c c c c c
Church, synagogue and temple c c c c p p p p c
General Services Land Uses
Personal Services:
WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Funeral home/crematory C18 C18 C18 C18 C18 C18 C18 C18 C18
Cemetery, columbarium or mausoleum P24 P24 P24 P24 P24 P24 P24 P24 P24
C19 C19 C19 C19 C19 C19 C19 C19 C19
Day care I P20 P20 P20 P20 P20 P20 P20 P20 P20
Day care II C25 C25 C25 C25 c c c c C25
Stable c c c c
Kennel or cattery, hobby c c c c c c c c
Electric vehicle (EV) charging station (38), (39) p p p p p p p p
EV rapid charging station (40), (41 ), (42) p p p p
Health Services:
Medical/dental clinic c c c c
Su~ervised drug consum~tion facilit)l
Education Services:
Elementary, middle/junior high, and senior c c c c c c c c c
high (including public, private and parochial)
Commercial school C21 C21 C21 C21 C21 C21 C21 C21
School district support facility C23 C23 C23 C23 C23 C23 C23 C23
Interim recycling facility P22 P22 P22 P22 P22 P22 P22 P22
Vocational school
Government/Business Service Land Uses
Government Services:
Public safety facilities, including police and fire C26 C26 C26 C26 C26 C26 C26 C26 C26
WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Utility facility p p p p p p p p p
Private storm water management facility p p p p p p p p p
Public storm water management facility p p p p p p p p p
Business Services:
Self-service storage (31) C27 C27 C27 C27
Professional office c c c c
Automotive parking P29 P29 P29 P29 P29 P29 P29 P29
Model house sales office P47 P47 P47 P47
Wireless communication facility (28) p p p p p p p p p
c c c c c c c c c
State-Licensed Marijuana Facilities:
Marijuana cooperative (48)
Marijuana processing facility -Indoor only (48)
Marijuana production facility -Indoor only (48)
Marijuana retail facility (48)
Retail/Wholesale Land Uses
Forest products sales P32 P32 P32 P32
Agricultural crop sales P32 P32 P32 P32
Resource Land Uses
Agriculture:
Growing and harvesting crops P34 P34 P34 P34
Raising livestock and small animals P35 P35 P35 P35
WR
WR R-6-R-
Specific Land Use R-4.5 R-6.5 R-8 R-4-8 R-12 R-18 R-28 18 MHP
Forestry:
Growing and harvesting forest products P34 P34 P34 P34
Fish and Wildlife Management:
Hatchery/fish preserve (33) c c c c
Aquaculture (33) c c c c
Regional Land Uses
Regional storm water management facility c c c c c c c c c
Nonhydroelectric generation facility c c c c c c c c c
Transit park and pool lot p p p p p p p p
Transit park and ride lot c c c c c c c c
School bus base C36 C36 C36 C36 C36 C36 C36 C36
Racetrack C37 C37 C37 C37 C37 C37 C37 C37
College/university c c c c c c c c
SECTION 4. Section 22C.020.060 of the municipal code, is amended to read:
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Residential Land Uses
Dwelling Units, Types:
Townhouse P6 p
Multiple-family P4, P4, P4,
C4 p
C5 C5 P6
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Mobile home P7 P7 P7 P7 P7 P7 P7 P7
Senior citizen assisted p c p
Caretaker's quarters (3) p p p p p p p p p p
Group Residences:
Adult family home p p p p p P70 P70 P70 P70 p
Convalescent, nursing, retirement c p p p p p
Residential care facility p p p p p P70 P70 P70 P70 p
Master planned senior community (10) c c
Accessory Uses:
Home occupation (2) PB, PB, PB, PB,
PB pg pg pg
pg pg pg pg
Temporary Lodging:
Hotel/motel p p p p p p p
Bed and breakfast guesthouse (1)
Bed and breakfast inn (1) p p p
Recreation/Cultural Land Uses
Park/Recreation:
Park P11 p p p p p p p P11 p
Marina p p c p
Dock and boathouse, private, p p P16 p
noncommercial
Recreational vehicle park C12 C12 c p
Boat launch, commercial or public p p p
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Boat launch, noncommercial or private p p P17 p
Community center p p p p p p p p p p
Amusement/Entertainment:
Theater p p p p
Theater, drive-in c
Amusement and recreation services P18 P18 P18 P19 p p c
Sports club p p p p p p p p
Golf facility (13) p p p p p c
Shooting range (14) P15 P15 P15
Outdoor performance center c c c c
Riding academy p p c
Cultural:
Library, museum and art gallery p p p p p p p p c p
Church, synagogue and temple p p p p p p p p p
Dancing, music and art center p p p p c p
General Services Land Uses
Personal Services:
General personal service p p p p p p p p
Dry cleaning plant p p p
Dry cleaning pick-up station and retail p p p p P25 p p
service
Funeral home/crematory p p p P26 p p p
Cemetery, columbarium or mausoleum P24 P24 P24, p p p
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
C20
Day care I P21,
P70 P70 P70 P70 P70 P70 P70 P70 P70
70
Day care II p p p p p P21 P21
Veterinary clinic p p p p p p p p
Automotive repair and service C,
P22 p p p p
P28
Electric vehicle (EV) charging station (64) p p p p p p p p p p
EV rapid charging station (65), (66) p p p P67 P67 p p
EV battery exchange station p p p
Miscellaneous repair p p p p
Social services p p p p p
Kennel, commercial and exhibitor/breeding p p c p p
(71)
Pet daycare (71 ), (72) p p p p p p p
Civic, social and fraternal association p p p c p p p
Club (community, country, yacht, etc.) p p p
Health Services:
Medical/dental clinic p p p p p p
Hospital p p p c c
Miscellaneous health P68 P68 P68 P68 P68 P68
SuQervised drug consumQtion facilit~
Education Services:
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Elementary, middle/junior high, and senior
high (including public, private and c c c c p c c
parochial)
Commercial school p p p P27 c
School district support facility c p p p p p p p
Vocational school p p p P27 p
Government/Business Service Land Uses
Government Services:
Public agency office p p p p p p p p p
Public utility yard p p p
Public safety facilities, including police and
P29 p p p p p p
fire
Utility facility p p p c p p p p
Private storm water management facility p p p p p p p p p
Public storm water management facility p p p p p p p p p
Business Services:
Contractors' office and storage yard P30 P30 P30 p p
Interim recycling facility P23 P23 p p
Taxi stands p p p p
Trucking and courier service P31 P31 p p
Warehousing and wholesale trade p p p p
Mini-storage (36) p p p p
Freight and cargo service p p p p
CB MU
Specific land Use NB (63) GC DC (63) BP LI GI REC P/I
Cold storage warehousing p p
General business service and office p p p p P30 p p p
Commercial vehicle storage p p p
Professional office p p p p p p p
Miscellaneous equipment rental P30, P30,
C38 p p
37 37
Automotive rental and leasing p p p
Automotive parking p p p p p p p p
Research, development and testing p p p p
Heavy equipment and truck repair p p
Automobile holding yard c p p
Commercial/industrial accessory uses (73) P39, P39, P39,
P39 P39 p p p
40 40 40
Adult facility P33
Factory-built commercial building (35) p p p p p p p
Wireless communication facility (32) P,C P,C P,C P,C P,C P,C P,C P,C P,C
State-licensed Marijuana Facilities:
Marijuana cooperative (69)
Marijuana processing facility -Indoor only
(69)
Marijuana production facility -Indoor only
(69)
Marijuana retail facility (69)
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Retail/Wholesale Land Uses
Building, hardware and garden materials P47 p p p P47 p p
Forest products sales p p p
Department and variety stores p p p p p p
Food stores p p p p P45 p
Agricultural crop sales p p c p
Storage/retail sales, livestock feed p p
Motor vehicle and boat dealers p p p p
Motorcycle dealers c p P49 p p
Gasoline service stations p p p p p p
Eating and drinking places P41 p p p P46 p p p
Drug stores p p p p p p p
Liquor stores p p
Used goods: antiques/secondhand shops p p p p
Sporting goods and related stores p p p p
Book, stationery, video and art supply p p p p p
stores
Jewelry stores p p p p
Hobby, toy, game shops p p p p p
Photographic and electronic shops p p p p p
Fabric and craft shops p p p p p
Fuel dealers P43 P43 P43 P43
Florist shops p p p p p
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Pet shops p p p p p
Tire stores p p p p p
Bulk retail p p p
Auction houses P42 p
Truck and heavy equipment dealers p p
Mobile home and RV dealers c p p
Retail stores similar to those otherwise p p p p P48 P44 P44 P44
named on this list
Automobile wrecking yards c p
Manufacturing Land Uses
Food and kindred products P50,
P50 P50 p
52
Winery/brewery P53 p P53 P53 p p
Textile mill products p p
Apparel and other textile products c p p
Wood products, except furniture p p p
Furniture and fixtures p p p
Paper and allied products p p
Printing and publishing P51 P51 p P51 p p p
Chemicals and allied products c c
Petroleum refining and related industries c c
Rubber and misc. plastics products p p
Leather and leather goods c c
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Stone, clay, glass and concrete products p p
Primary metal industries c p
Fabricated metal products c p p p
Industrial and commercial machinery c p
Heavy machinery and equipment c p
Computer and office equipment c p
Electronic and other electric equipment c p
Railroad equipment c p
Miscellaneous light manufacturing P54 p p
Motor vehicle and bicycle manufacturing c p
Aircraft, ship and boat building c p
Tire retreading c p
Movie production/distribution p p
Resource Land Uses
Agriculture:
Growing and harvesting crops p p p p
Raising livestock and small animals p p p p
Greenhouse or nursery, wholesale and p p p p c
retail
Farm product processing p p
Forestry:
Growing and harvesting forest products p
Forest research p
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
Wood waste recycling and storage c c
Fish and Wildlife Management:
Hatchery/fish preserve (55) p p p c
Aquaculture (55) p p c
Wildlife shelters c c p
Mineral:
Processing of minerals p p
Asphalt paving mixtures and block p p
Regional Land Uses
Jail c c c c
Regional storm water management facility c c c c c c p
Public agency animal control facility c p p c
Public agency training facility C56 C56 C56 C57 C57
Nonhydroelectric generation facility c c c c c c
Energy resource recovery facility c
Soil recycling/incineration facility c c
Solid waste recycling c c
Transfer station c c c
Wastewater treatment facility c c c c
Transit bus base c p c
Transit park and pool lot p p p p p p p p p
Transit park and ride lot p p p p p p p p c
CB MU
Specific Land Use NB (63) GC DC (63) BP LI GI REC P/I
School bus base c c c p C58
Racetrack C59 C59 c p
Fairground p p p
Zoo/wildlife exhibit c c
Stadium/arena c c p
College/university c p p p p p p p
Secure community transition facility C60
Opiate substitution treatment program P61, P61, P61,
P62 P62
facilities 62 62 62
SECTION 5. A new definition is added to section 22A.020.200 of the municipal code
and shall be placed in alphabetical order in that section as follows:
"Supervised drug consumption facility" means a facility designed to provide a location
where individuals are able to consume illicit drugs under professional supervision.
SECTION 6. Expiration. The interim zoning regulations in sections 3, 4, and 5 of this
ordinance shall automatically expire and be deemed to have been repealed six months from the
date of adoption unless renewed or otherwise extended prior to such date in accordance with
RCW 35A.63.220.
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SECTION 7. Public hearing. The Marysville City Council will hold a public hearing on
this matter on November 27, 2017, at the hour of7:00 p.m. in the Marysville City Hall, 1049
State A venue, Marysville, Washington, for the purpose of hearing the public testimony on this
matter in accordance with RCW 36.70A.390 and RCW 35A.63.220. The notice for the public
hearing shall specifically indicate that this ordinance may be renewed for one or more six month
periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
SECTION 8. Renewal. In accordance with RCW 35A.63.220, this ordinance may be
renewed for one or more six month periods if a subsequent public hearing is held and findings of
fact are made prior to each renewal.
SECTION 9. Severability. If any section, sentence, clause, or phrase of this ordinance
shall be held to be invalid or unconstitutional by the Growth Management Hearings Board, or a
court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or phrase of this ordinance. Provided,
however, that if any section, sentence, clause or phrase of this ordinance is held to be invalid by
the Board or court of competent jurisdiction, then the section, sentence, clause or phrase in effect
prior to the effective date of this ordinance shall be in full force and effect for that individual
section, sentence, clause or phrase as if this ordinance had never been adopted.
PASSED by the City Council and APPROVED by the Mayor this 2 / day of
NoVewt\?er= , 2017.
CITY OF MARYSVILLE
By ~
Attest:
By ~VJA 13/20~
INA BROCK, DEPUTY CITY CLERK
Approved as to form:
By .~~ ~ ALKER, CITY ATTORNEY
Date of publication: l2./02J1 1
Effective Date (5 days after publication): t-i-.-i 01 111